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1988 Supreme(Bom) 403

M.L.PENDSE
Datta Damodar Kakule of Calangute, Goa – Appellant
Versus
Krishna Sridor Pai @ Subhash Shridar Pai Lotlicar – Respondent


JUDGMENT - M.L. PENDSE, J.:---This appeal is preferred by original plaintiff in Special Civil Suit No. 380/87/A to challenge order dated September 22, 1988 passed by Civil Judge, Senior Division at Mapusa rejecting the application filed by the plaintiff for grant of temporary injunction pending the suit. The plaintiff prays that the defendants should be restrained from disturbing the plaintiff's possession of the suit property.

2. The properties in dispute are two in number and are described as Property 'A' and Property 'B'. Property 'A' known as 'Esmolachem' is situated in the village of Calangute and described in the register under No. 1717. The property consists of a house and coconut garden. Property described as suit property 'B' consists of a house and a coconut tree. The area covered by the coconut tree has been acquired in Land Acquisition proceedings. Both these properties originally belong to one Shrinivasa Duclo. Shrinivasa died in the year 1925 and property 'A' was allotted to his son Mucunda in Inventory Proceedings. Mucunda's wife was one Laxmibai. Mucunda died in the year 1951 and in inventory proceedings after his death property 'A' was allotted to share of Laxmibai








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