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2013 Supreme(Bom) 1817

F.M.REIS
Sudesh M. Salelkar – Appellant
Versus
Forest Department, Government of Goa – Respondent


Advocates:
Advocate Appeared
Mr. P.S. LOTLIKAR, Adv. for the Appellants.
Mr. M. SALKAR, Government Adv. for the Respondent.

JUDGMENT

Heard Mr. P. S. Lotlikar, learned counsel appearing for the appellants and Mr. M. Salkar, learned Government Advocate appearing for the respondent.

2. The above appeal challenges the judgment passed by the learned Ad-hoc District Judge-2, South Goa, Margao, in Civil Suit No. 4/2007 dated 19.11.2007 whereby the suit filed by the respondent came to be decreed.

3. Briefly, the facts of the case are that the respondent instituted a suit for declaration, correction of survey records and permanent injunction with regard to the piece of the land called "Carakol" which bears survey no.43/1. It was the contention of the respondent that when the survey of the property bearing survey no.43/1 was conducted, it was not surveyed in the name of the Government. The respondent then filed an application seeking correction of the survey records. The appellants filed their written statement disputing the claim put forward by the respondent. It was the case of the appellants that there exists property known as "Parnagaly" or "Podnangally" at Maulinguem in the village of Cotigao Village of Canacona Taluka and that after the liberation of Goa, the property was surveyed under No.43/1 admeasuring an

























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