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2014 Supreme(Bom) 245

T.V.NALAWADE
Antonio Tiago D'Costa – Appellant
Versus
Union of India, Through the Secretary to Govt. of India, Ministry of Telecommunications – Respondent


Advocates Appeared:
For the Appellants:A. Agni, Advocate.
For the Respondents:R2, P.P. Singh, Advocate, R3 & R5, M. Salkar, Government Advocate.

JUDGMENT

The appeal is filed against the Judgment and decree of Special Civil Suit No.167/00/I which was pending in the Court of Civil Judge, Senior Division, Margao. The suit was filed for making correction in the Revenue record of some suit lands and for compensation in respect of damage caused to those lands. The suit is dismissed in respect of these lands by the trial court and that part of the decision is challenged in the appeal.

2. In the appeal learned counsel for the appellant and respondent Telephone department is heard. The other respondents did not turn up.

3. In short, the facts leading to the institution of the appeal, can be stated as under:

It is the case of the appellants/plaintiffs that they and defendant no.9 are the owners of land bearing survey nos. 149/13, 154/1, 154/2, 155/2, and 156/1, 156/2, 156/3, 156/4, 156/5, situated at village Guirdolim Salcete. It is the case of the plaintiffs that all the survey numbers are together known as “Molla”. The boundaries of the property described as Molla are given by the plaintiffs in the plaint.

4. It is the case of the plaintiffs that defendant no.2, Telephone department did the digging in the suit lands in January 2000

















































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