The High Court of Bombay at Goa has addressed a critical dispute between Mr. Sidharth Babusso Dessai and M/s Deejay Coconut Farm Pvt. Ltd. regarding access rights through the defendant's property. The case revolves around easementary rights, wherein the plaintiff claims a right to access through the defendant’s land for the operation of a farm and research activities. The dispute escalated due to obstructions allegedly created by the defendants, which the trial court initially ordered to be cleared. The defendants' failure to comply led to the trial court striking off their defense—a decision which was challenged in the High Court.

Background of the Case:

• The plaintiff, M/s Deejay Coconut Farm Pvt. Ltd., operates a hybrid coconut seedling farm and claimed access rights through the defendant's property based on an easement by prescription.
• The defendants allegedly blocked this access, prompting legal action, including suits for injunctions and subsequent appeals.

Trial Court's Decision:

• The trial court allowed temporary injunctions in favor of the plaintiff, directing the removal of obstacles from the access path.
• The court ordered the defendants to allow access while the plaintiff provided a bank guarantee to cover potential damages if the claim was unproven.

Grounds for Appeal:

• The defendants appealed against the trial court's decision, arguing that the order striking off their defense was harsh and based on insufficient inquiry.
• The appellants contended that the trial court’s decision to proceed without a proper inquiry violated principles of fairness and law.

High Court's Judgment:

• The High Court considered both parties' arguments, focusing on whether the trial court's decision was justified without conducting a detailed inquiry into the alleged disobedience.
• The judgment emphasized the need for a balanced approach, taking into account the severity of striking off a defense and ensuring that such measures are only imposed when clear and deliberate disobedience is established.

Significance:

• The ruling underscores the importance of adhering to court orders and the potential consequences of non-compliance.
• It also highlights procedural fairness in injunction enforcement, stressing that courts must thoroughly investigate allegations before imposing severe sanctions.