1. Appellant has filed this second appeal challenging the judgment and order passed by the Additional District Judge in Regular Civil Appeal No.85 of 2002 dated 03/05/2003. By the said judgment and order, the learned Additional District Judge, Panaji was pleased to allow the appeal and the judgment and decree passed by the Civil Judge, Junior Division, Ponda in Regular civil Suit No.81/99/B was set aside.

2. Brief facts are as under:-

3. Respondent No.1 is the original Plaintiff who instituted a suit in the Court of Civil Judge, Ponda, Goa against the Appellant/original Defendant for restoration of possession and recovery of mesne profit. For the sake of convenience, parties shall be referred to as “Plaintiff” and “Defendant”.

4. The dispute was in respect of a structure in the property bearing Hissa No.1088 in Village Panchayat of Shiroda. The case of the Plaintiff is that his grandfather Rudraji Sinai Gude was, during his life time, running a shop in the suit structure “LOJA”. It is the case of the Plaintiff that after the death of his grandfather, the said “LOJA” was kept closed and in the month of November, 1988 Defendant, taking advantage of the continuous absence o