R.M.S.KHANDEPARKAR
Manoj A. S. Dhargalkar alias Kulkarni and another – Appellant
Versus
Taramati Harichandra Salgaonkar (since deceased) represented by her heirs and legal representatives and others – Respondent
2.This revision application arises from order dated 6-1-2000 passed in Civil Misc. Application No. 3/2000 in Regular Civil Suit No. 16/91 by the Civil Judge, Junior Division, at Pernem. By the impugned order the trial Court has dismissed the application dated 12-8-99 filed by the petitioners praying for a decree of the Court in favour of the petitioners on the ground that there was no need of any further trial in the suit as the issue of tenancy sought to be raised by the respondents has been finally decided against the respondents and that there is no other plea of defence raised by the respondents in the suit.
3.The undisputed facts relevant for the decision that the petitioners filed the suit against the respondents for the relief of permanent injunction to restrain the respondents and their agents from interfering in any manner in the suit property. The suit property comprises of property known as "Hondali Sorva" situated in Village Dhargalim, taluka of Pernem bearing Survey No. 260/2 and admeasuring 89,000 sq.mtrs. in area having therein different types of fruit bearing trees. The petitioners
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