( 1 ) THIS is plaintiffs second appeal arising from R. C. S. No. 103/90. The dispute between the parties is regarding the removal of a stall/gada existing in survey no. 213/11 of Piligao village in Bicholim Taluka in which the defendant carries on business in the name and style of "brahmo centre store". This second appeal was admitted on 2362000 on the following substantial questions of law: (1) Whether the appellate Court, on the finding given by the trial court that the plot on which the suit structure stands forms a part of Survey no. 213/11 could have reversed the finding of the trial Court and dismissed the suit? (2) Whether the suit could have been dismissed by the appellate court on the ground that the plaintiff had no locus standi to maintain the suit?

( 2 ) TO answer the said substantial questions of law a few facts are required to be set out. The plaintiff claiming to be an Association of the muslim Community of Piligao and further claiming that the plaintiff is the owner in enjoyment and possession of the property known as"baisika bhatalem" or "pir Baisika Bhatalem" surveyed under Sub Divisions 11 and 12 of survey no. 213 filed the suit, inter alia, for mandatory injuncti

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