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2014 Supreme(Bom) 183

U.V.BAKRE
Conceicao Fernandes – Appellant
Versus
Basilio Fernandes – Respondent


Advocates Appeared:
For the Appellants:A.F. Diniz, Advocate.
For the Respondents:C.A. Coutinho, Advocate.

JUDGMENT

Heard Mr. Diniz, learned Counsel appearing on behalf of the appellants and Mr. Coutinho, learned Counsel appearing on behalf of the Respondents.

2. This Second Appeal is directed against the Judgment and Decree dated 04/05/2013 passed by the District Judge-I, South Goa, Margao (First Appellate Court) in Regular Civil Appeal No. 219 of 2010, and the Judgment and Decree dated 10/11/2008, passed by the Civil Judge Senior Division, Margao (trial Court), in Special Civil Suit No.22/2002/A.

3. The appellants are the original plaintiffs and respondents are the defendants. The parties shall hereinafter be referred to as arrayed in the said suit.

4. The plaintiffs had filed the said Special Civil Suit for declaration that the encroachment done by the defendants in the year 1996 and thereafter constitutes trespass in the property of the plaintiffs and for direction to the defendants to remove the suit encroachment and give vacant possession thereof to the plaintiffs.

5. Case of the plaintiffs, in short, is as follows:

They are the owners in possession of the property known as “Lote Oiteiral“ situated at Ambelim of Velim, Taluka Salcete bearing Land Registration No.25603 and surveyed
















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