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2012 Supreme(Bom) 1510

U.V.BAKRE
Andre Bibiano Furtado – Appellant
Versus
Norberto Mascarenhas – Respondent


Advocates appeared:
For the Appellants:M.B. D'Costa, Senior Advocate with M.S, Joshi, Advocates.
For the Respondent:J.E. Coelho Pereira, Senior Advocate with V. Braganza, Advocate.

Judgment :

This is plaintiff's second appeal.

2. Plaintiff had filed Regular Civil Suit No. 17/1997/B for demarcation of southern boundary line of the suit property, by appointing Head Surveyor of the Survey Department, to do the same. The plaintiff had also sought permanent injunction to restrain the defendants from constructing compound wall on the southern boundary of the suit property or encroaching upon the suit property. The original defendant died during pendency of the suit and his legal representatives were brought on record.

3. Plaintiff's case, in short, was as follows:-

He is the owner in possession of the suit property known as “Borimollacodil Moddi” situated at Borimol in Quepem Taluka, being bounded on the east and north by Municipal road; on the west by the property of Carlos Mascarenhas, under survey no. 57/1 and on the south by the property bearing survey no. 56/1, which belongs to the defendants. The suit property bears survey no. 57/2. It was allotted to the plaintiff by way Deed of Gift and Acceptance dated 01/04/1965. The southern boundary of the suit property is safeguarded by a loose rubble stone addo and there are ten well-grown trees planted by his ancestors


































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