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2003 Supreme(Bom) 1205

V.G.PALSHIKAR
Gregorio Pereira – Appellant
Versus
Damazio Bento Pereira, Major, Bachelor – Respondent


Advocates:
Advocate Appeared
Mr. S.D. Lotlikar. Senior Advocate with Mr. A.D. Bhobe, Advocate for the appellants;
Mr. M.S. Usgaonkar, Senior Advocate with Mr. Sudin M. Usgaonkar. Advocate for the respondents.

JUDGMENT

V.G. Palshikar, J.

1. This appeal is directed against the judgment and decree dated 15th February, 1997 passed in Regular Civil Appeal Nos.19 and 21 of 1993.

2. Regular Civil Suit No. 101/75/C was filed in the Court of Civil Judge J.D., Margao by the original plaintiffs/present appellants against present respondents/original defendants in the Civil Suit. Reference was thereafter made to the present appellants as the original plaintiffs and the present respondent as the original defendants.

3. Regular Civil Suit No. 101/75/C was filed by the original plaintiffs claiming the following reliefs :

"(a) For the judgment and order of this Hon'ble Court directing the defendants to demolish the illegal and unauthorised construction or erection of the extension or addition to the existing house at the rear side;

(b) For a permanent mandatory injunction restraining the defendants from making/or erecting of constructing the illegal and unauthorised erection/or construction of the extension/or addition to the existing house at the rearside at any time hereinafter;

(c) For a temporary injunction restraining the defendants, their agents, and servants/or persons claiming through them from conti































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