judgment

A.K. Mathur, J. —

1.This appeal is directed against the order dated 5.3.2001 passed in Second Appeal No.55 of 2000 by the High Court of Bombay at Goa whereby learned Single Judge has set aside the order of the first appellate court and allowed the suit of the original plaintiff and granted injunction restraining the defendants from proceeding with the construction in the suit property or doing anything in the suit property and the defendants were directed to restore the suit property in its previous condition by filling up the foundation trenches and removing anything done or might have been done by the defendants in the suit property. Aggrieved against this order the present appeal was filed.

2.Brief facts which are necessary for disposal of this appeal are that the suit property was granted by the Governor General Do Estado Da India, to one Mr. Antonio D’ Souza on payment of Rupees four nine anna and twenty paise payable each year to the State. Antonio D’Souza died leaving behind his heirs, his children Jose Maria D’ Souza and Elisa D’ Souza. Jose Maria D’ Souza expired leaving behind her daughter Umbelina D’ Souza. Lawrance D’ Souza, husband of Umbelina D’ Souza also died.