This writ petition arising from the order dated 31 st August, 2005 in Regular Civil Appeal No. 20 of 2005 passed by the II Ad hoc Additional District Judge, Panaji is heard finally by consent of parties at the stage of admission.

Facts : The facts required to be stated to decide this petition are as under :2. Plaintiff had instituted a suit, before Civil Judge, Senior Division valued at Rs. 38,500/- for the purpose of Court fee and jurisdiction, inter alia, praying for permanent injunction, mandatory injunction and for deletion of the entry in occupant's column of the record of rights.

3. On being summoned, petitioner appeared and filed written statement inter alia, denying the claim of the plaintiff and preferred counter-claim, inter alia, claiming damages to the tune of Rs. 90,00,000/- from the plaintiff and for the said purpose valued the counter-claim at Rs. 90,00,000/-.

4. The trial Court after trying the suit and counter-claim on merits by its judgment and order dated 31-12-2004 was pleased to dismiss the suit of the plaintiff as well as the counter-claim of the petitioner.

5. Respondent No. I-original plaintiff in the suit, filed an appeal against the said judgment and d