ORDER

1. Leave granted.

2. Heard learned counsel for both sides.

3. In the present matter, the High Court while exercising second appellate jurisdiction under Section 100 CPC had quashed and set- aside the judgment and orders passed by the Trial Court and the first Appellate Court on 14.02.2002 and 21.09.2005 respectively and passed the following directions:

"7. Considering the change of jurisdiction during the pendency of the above Appeal, such suit will have to be decided by the learned District Judge in terms of the amendment to the Civil Courts Act. In such circumstances, both the Counsel submit that the Director of the Land Survey be directed to depute a competent Surveyor to be appointed as a Commissioner to carry out the exercise as mentioned herein above.

8. In view of the above, I pass the following:

ORDER

(i) The Appeal is partly allowed.

(ii) The impugned Judgments dated 14.02.2002 and 21.09.2005 passed by the learned Trial Judge and the First Appellate Court, are quashed and set aside.

(iii) Special Civil Suit No.88 of 1996 is restored to the file of the learned District Court.

(iv) The learned District Judge, South Goa, Margao, is directed to decide the suit afresh in