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2000 Supreme(Bom) 550

F.I.REBELLO, V.C.DAGA
Fatima w/o Caetano Joao – Appellant
Versus
Village Panchayat of Merces & another – Respondent


JUDGMENT - V.C. DAGA, J.:---This writ petition under Article 226 of the Constitution of India is the culmination of feud between two neighbours. Much of the ills of life is the result of the people not learning how to live and let live.

Brief narration of history to appreciate rival contentions may be stated as under:

2. The petitioner claims to be the co-owner of the property popularly known as "Buttem Bhat" surveyed under No. 134/4 of Murda Village, Merces, Ilhas, Goa. The said property is a residential house with adjoining open space. The petitioner claims to have acquired right and interest in the said property by virtue of her marriage, that is through her husband who is employed in Middle East.

3. The respondent No. 2 is residing in the property surveyed under No. 135/3, situated on the western side of the petitioner's property, part of which he claims to have purchased. In short, respondent No. 2 owns and possesses the adjoining plots. The petitioner's plot is eastern one and the respondent No. 2's western one.

According to the petitioner, the main entrance of her residential house faces towards the property of respondent No. 2. In order to separate these two properties, t























































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