31 WP 474-2025 4th December, 2025 Jose IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.474 OF 2025 1. Shri. Ramesh Shamba Dessai Son of late Shamba Dessai age 70 years, 2. Smt. Swati Ramesh Dessai, Wife of Ramesh Dessai, Aged 65 years, 3. Shri. Ratnakar Shamba Dessai Son of late Shamba Dessai Age 66 years 4. Smt. Sima Ratnakar Dessai, Wife of Mr. Ratnakar Dessai, Aged 64 years, All residents of H. no. 817, Goval Cola, Canacona Goa. ... Petitioners. Versus 1) Smt. Kamlavati Velip, W/o. Late Shri. Datta Velip, Age 69 years, Housewife; 2) Shri. Panglo Datta Velip, S/o. Late Shri. Datta Velip Age 46 years, Driver, 3) Smt. Pooja Panglo Velip W/o. Shri Panglo Velip Age 41 years, Housewife; 2025:BHC-GOA:2377 31 WP 474-2025 4th December, 2025 4) Shri. Ratnakar Datta Velip S/o. Late Shri. Datta Velip Age 43 years, Service; 5) Smt. Raveena Ratnakar Velip W/o. Shri. Ratnakar Velip Age 37 years, Housewife; 6) Shri. Santosh Datta Velip S/o. Late Shri. Datta Velip Age 38 years, Service; 7) Smt. Samiksha Santosh Velip W/o. Shri.Santosh Velip Age 26 years, Housewife; All R/o. H.No.948, Kuddi, Cabo-de-Rama, Khanaguinim via Cuncolim, Goa. 8) Shri. Ratnakar Savlo Gaonkar S/o. Late Shri. Savlo Gaonkar Age 44 years, Agriculturist; 9) Smt. Dulu Ratnakar Gaonkar W/o. Shri. Ratnakar Gaonkar Age 40 years, Housewife 10) Smt. Mangala Narayan Gaonkar W/o. Late Shri. Narayan Gaonkar Age 49 years, Housewife; 11) Miss. Neha Narayan Gaonkar D/o. Late Shri. Narayan Gaonkar Age 23 years, Service; Both R/o. Pollem, Lollem, Canacona Goa. 31 WP 474-2025 4th December, 2025 12) Shri. Malu Babi Velipo S/o. Late Shri. Babi Velip Age 65 years, Agriculturist 13) Smt. Lilavati Malu Velip W/o. Shri. Malu Velip Age 58 years, Housewife 14) Smt. Premavati Sanklu Velip W/o. Late Shri. Sanklu Velip Age 80 years, Housewife 15) Shri. Shanu Sanklu Velip S/o. Late Shri. Sanklu Velip Age 53 years, Service 16) Smt. Sharmila Shanu Velip W/o. Shri. Shanu Velip Age 41 years, Housewife 17) Shri. Arjun Sanklu Velip S/o. Late Shri. Sanklu Velip Age 60 years, Agriculturist 18) Shri. Siddarth Arjun Velip S/o. Shri. Arjun Velip Age 30 years, Driver; 19) Smt. Siddika Siddarth Velip W/o. Shri. Siddarth Velip Age 28 years, Housewife 20) Shri. Sasmit Arjun Velip S/o. Shri.Arjun Velip Age 24 years, Service; All R/o.H.No. 948, Kuddi, Cabo-de-Rama 31 WP 474-2025 4th December, 2025 Khanaguinim via Cuncolim, Goa 21) Shri. Babi Bhiku Velip S/o. Late Shri. BhikuVelip Age 37 years, Driver; 22) Smt. Kishori Babi Velip W/o. Shri. Babi Velip Age 32 years, Housewife Both R/o. H.No.82, Colomb, Rivona Sanguem, Goa. 23) Shri.Shanta Shanu Naik Dessai S/o. Late Shri.Shanu Naik Dessai Age about 70 yrs, Landlord; 24) Mrs. Lalita Shanta Naik Dessai W/o. Shri.Shanta Naik Dessai Age about 65yrs, Housewife; 25) Mrs. Shashikala Bhiku Naik Dessai W/o. Late Shri. Bhiku Naik Dessai Age 60 years, Housewife; 26) Shri. Nishikant Bhiku Naik Dessai S/o. Late Shri.Bhiku Naik Dessai Age 38 years, Driver; 27) Shri. Laxmikant Bhiku Naik Dessai alias Elvis D'silva S/o. Late Shri Bhiku Naik Dessai Age 33 years, Driver; 28) Shri Rajnikant Bhiku Naik Dessai S/o. Late Shri Bhiku Naik Dessai Age 36 years, Driver; 31 WP 474-2025 4th December, 2025 All R/o. H.No.816, Gaval Cola, Canacona, Goa. 29) Mr. Kenneth Ian Stewart Silveira S/o. Mr. Cosme Antonio Elcuterio Azarido Silveira Age 29 years, Businessman R/o. H.No.99, Deusa Chicalim, Murmugao, Goa. 30) Smt. Mohini Purso Naik Dessai, D/o of late Shri.Nilu Raghoba Naik Dessai Age 60 years, Housewife, R/o H.No not known, Becleawaddo, Comba, Cuncolim, Salcete, Goa. 31) Shri. Ramanath Raghoba Naik Dessai S/o. Late Shri. Raghoba Naik Dessai Age 75 years; R/o. H.No.not known, Molorem, Khola, Khanaguinim, via Cuncolim, Salcete, Goa. 32) Smt. Ramabai Shambu Naik Dessai W/o. Late Shri. Shambu Naik Dessai Age 75 years, Housewife; R/o. H.No.not known, Molorem, Khola, Khanaguinim, via Cuncolim, Salcete, Goa. 33) Shri. Laxman Kusta Naik Dessai (Deceased) г/о Н Н.No. 644 Molorem Wigs A/o. H. No. 644, Nolorim, Cola, Garagon (Amendment carried out as per order dt. 5.2.2015) 31 WP 474-2025 4th December, 2025 33(a) Shri. Kushta Laxman Naik Dessai, s/o late Shri. Laxman Kushta Naik Desai, major of age, Agriculturist г/о Н. No. 644, Mlorem, Cola Canacona, Goa. (Amendment carried out as per order dt. 18.7.19) 33(b) Shri. Krishnath Laxman Naik Dessai, s/o late Shri. Kaxman Justa Naik Dessai, age about 52 years, Business and his wife 33(c) Smt. Kracila Kashinath Naik Dessai, w/o of Shri. Kashinath Laxman Naik Dessai age about 45 years, Housewife Both r/o Fatorpa near Bus stand, Quepem Goa 33(d) Shri Mahesh Laxman Naik Dessai, s/o late Shri. Laxman Kusta Naik Dessai, age about 48 years, Agriculturist and his wife, 33(e) Smt. Manda Mahesh Naik Dessai, s/o Shri. Mahesh Laxman Naik Dessai, age about 43 years, housewife Both R/o H. No. 644, Molorem Cola Canacona Goa 33 (f) Smt. Nandini Narayan Naik Dessai, w/o Shri. Narayan Laxman Naik Dessai, aged about 50 years house wife, r/o Molorem Cola, Canacona Goa. (Amendment carried out as per order dt. 23.1.20) 31 WP 474-2025 4th December, 2025 34. Shri. Anand Shamba Naik Dessai, d/o late Shri.Shamba Naik Dessai, aged 63 years, r/o Godkem Adnem Balli Quepem Goa. (Deceased) 34. (a) Smt. Akshita Anand Naik Dessai W/o Late Shri. Anand Shambu Naik Dessai, Major in age housewife, г/о Н. No. 421/3 Godkem Adnem Balli Quepem Goa. ... Respondents. Mr. Dharmanand Vernekar with Mr. Jaiwant Arjun Velip, Advocates for the Petitioners. Mr. Sanman Keny, Advocate for Respondent Nos. 2 to 7 and 17 to 20. CORAM: VALMIKI MENEZES, J. DATED: 4th December, 2025 ORAL JUDGMENT: 1. Registry to waive office objections and register the matter. 2. Rule. Rule made returnable forthwith. With the consent of the parties, petition is disposed of finally. 3. This petition challenges an order dated 14.08.2025 dismissing the application filed by the Petitioner at Exhibit D-110 in Regular Civil Suit No.30/2014 pending before the Civil Judge Junior Division at Canacona. By the impugned order, the Trial Court has rejected the application filed by the Petitioner seeking impleadment as a 31 WP 474-2025 4th December, 2025 Defendant in the suit. The only reason cited by the Trial Court for rejection of the application was that, on an earlier application filed by Defendant Nos. 9(a) to 9(e) and 12(a) for impleading this very Petitioner as a Defendant in the suit, the Trial Court had rejected that application by order dated 09.02.2023. The Trial Court has refrained from going into the case set up by the Petitioner in his application at Exhibit D-110. 4. On perusing the previous order passed by the Trial Court, which is dated 09.02.2023, filed on application at Exhibit D-79, it becomes evident that that order was passed on an application filed by Defendant Nos. 9(a) to 9(e) and 12(a). That order cannot bind the present petition. On this count alone, the impugned order must be quashed and set aside. 5. The application at Exhibit D-110 filed by the Petitioner claims that the Petitioner is the son of Shamba Naik, who he claims is one of the co-owners of the suit property. The application further pleads that the name of the Petitioner himself is contained in the survey record in the Index of Land in Form III maintained under the Land Revenue Code. This is the claim of the Petitioner whose application would have to be considered on its own merits, and considering the jurisdiction of the Civil Court under Order 1 Rule 10 CPC. The Trial Court has not entered into the merits of the application while passing the impugned order, nor has it considered the claim of the Applicant/ 31 WP 474-2025 4th December, 2025 Petitioner herein and whether he has made out a case for impleadment under Order 1 Rule 10 CPC. 6. Since the impugned order dated 14.08.2025 is quashed and set aside, the Trial Court is directed to hear the application at Exhibit D- 110 on its own merits and, after considering its powers under Order 1 Rule 10 CPC, shall decide the application without being influenced by the order it has passed earlier on 09.02.2023, passed on Exhibit D- 79. 7. Rule is made absolute in the above terms. 8. The application may be decided either on 06.12.2025 or any other date convenient to the Trial Court. VALMIKI MENEZES, J. Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 05/12/2025 12:15:28