JUDGMENT - T.K. CHANDRASHEKHARA DAS, J. :---Original defendants Nos. 1 to 9 in Special Civil Suit No. 143/92 on the file of Civil Judge, Senior Division, Vasco-da-Gama, filed Appeal No. 75/93 (the original defendant No. 10 being their mother since died). Defendant No. 11 in the said suit filed Appeal No. 80/93. The appellants in both the appeals are challenging the order passed by the learned Civil Judge, Senior Division, Vasco-da-Gama, in Civil Miscellaneous Application No. 254/93 dated 25-5-1993. Since these two appeals arise out of a common order, I propose to dispose of these two appeals by this common judgment.

2.The Special Civil Suit No. 143/92 was filed by the Comunidade of Chicolna, through its Attorney, for the reliefs of granting the declaration of title of the suit property and recovery of possession thereof. It also contained prayers for a declaration of annulling a sale deed executed by the defendants Nos. 1 to 10 in favour of defendant No. 11 and also cancellation of the mortgage alleged to have been executed by the defendant No. 11 in favour of defendant No. 12 for a loan of Rs. 30,00,000/-. The property in dispute is measuring about 1,23,150 square metres. It is al

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