A challenge is thrown to the dismissal of Regular Civil Suit No.681/2000/II (new) i.e. Special Civil Suit No.333/1996/II (old) and grant of counterclaim therein by the IInd Additional Civil Judge, S.D. at Margao as well as to its endorsement in Regular Civil Appeal No.157/2001/II by the Additional District Judge, South Goa at Margao.

2. The appellants/ plaintiffs instituted the aforesaid suit in November, 1996 against the respondents herein for permanent injunction restraining the respondents from entering and interfering in the property bearing Survey No.39/40 admeasuring 575 square meters of village Cavelossim (hereinafter referred to as 'the suit property'). According to the plaintiffs, the defendants living in the adjoining property, Survey No.39/17 of village Cavelossim of their ownership, despite having access to the public road - Afonso ward road-passing through Survey No.39/12 and 39/15 of village Cavelossim belonging to one Mrs. Albertina D'Costa, have started forcibly trespassing into the suit

property, and passing through it for accessing a public road. The defendants resisted the suit and made a counterclaim to the access passing through extreme north of the suit