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1998 Supreme(Bom) 334

J.A.PATIL
Chief Officer, Margao Municipal Council and another – Appellant
Versus
Vaman Shirgaokar (deceased) – Respondent


JUDGMENT - J.A. PATIL, J.:-This appeal is filed by the original defendants against whom the respondent-plaintiff had filed Regular Civil Suit No. 47/1982/D in the Court of Civil Judge, Junior Division, Margao for perpetual injunction. The trial Court by its judgment dated 31st October 1989 dismissed the suit. The plaintiff then filed Regular Civil Appeal No. 65/89/A in the District Court, South Goa, Margao and the learned Additional District Judge by his judgment dated 2nd January 1995 partly allowed the appeal permanently restraining the defendants from demolishing the plaintiff's house, cowshed, storeroom, W.C., etc., with a further direction not to interfere with the said property within a distance of two meters from the outer wall of the house, cowshed etc. Feeling aggrieved, the defendants have preferred this appeal.

2. The plaintiff filed the abovementioned suit without making any reference to his mundkarial rights, contending that he has a dwelling house, cowshed, storeroom and W.C. upon the property of one Ceasor Coelho of Margao. The plaintiff, however, contended that his house, cowshed, etc., are located within the area of 200 sq. mts. The plaintiff alleged that the defen


















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