JUDGMENT

Ashok Bhushan, J.

This appeal has been filed by the State of Goa questioning judgment of High Court of Bombay at Goa dated 30.06.2011 dismissing the First Appeal No. 115 of 2001 filed by the appellant. The First Appeal No. 115 of 2001 was filed by State of Goa through the Secretary, Forest Department; the Collector South Sub-Division, Margao, Goa; the Director of Survey & Settlement Officer, Panaji, Goa and the Chief Secretary, Panaji, Goa challenging the judgment and order of the learned Civil Judge dated 23.04.2001 dismissing the Civil Suit No. 64 of 1995 filed by the plaintiffs-respondents 1 to 9 as well as the counter claim filed by defendants- appellant.

2. The brief facts of the case necessary to be noted for deciding this appeal are:

2.1 Special Civil Suit No. 64 of 1995 was filed by Shri Narayan V. Gaonkar, Shri Shivram V. Gaonkar and Shri Rama S.F. Dessai in the Court of Civil Judge, Senior Division at Quepem praying for following: -

"In the aforesaid circumstances, it is prayed to your honour, to direct the survey authorities to delete the name of "Forest Department" from the survey entry No.11/1 of the village Sulcorna from "Name of the Occupant" column of survey Fo