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2006 Supreme(Bom) 317

N.A.BRITTO
Govind Anant Goltekar – Appellant
Versus
Dasharath Deoba Goltekar – Respondent


( 1 ) THIS is plaintiffs Second Appeal arising from Civil suit No. 207/84. The parties hereto shall be referred to in the names as they appear in the cause title of the said Civil Suit.

( 2 ) THE plaintiff (since deceased) and now represented by his legal heirs had filed the said Civil Suit praying therein for permanent injunction to restrain the defendant from interfering with the possession of the plaintiff and also for mandatory injunction directing the defendant to remove the haystack put by the defendant in the suit property b.

( 3 ) THE subject matter of the suit were two properties namely, property a known as "cumbiocho Kundgo" having land registration no. 37956 of Book No. 97 and survey no. 278/40. The defendant raised no dispute as regards this property and consequently the learned trial Court partly decreed the suit in respect of suit property a.

( 4 ) THE property b according to the plaintiff was known as "goulan" and had registration no. 17 of Book B45, page 76, and was surveyed under no. 279/16 and was stated to have been purchased by the plaintiff by Sale Deed dated 1131974 from its owners namely, Graciano Fernandes, Francisco Fernandes and his wife Anatil Fernandes a








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