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2014 Supreme(Bom) 787

S.B.SHUKRE
Vasant Tukaram Prabhu – Appellant
Versus
Xalinibai Borcar alias Smt. Shalinibai Borkar – Respondent


Advocates Appeared:
For the Appellant:J.P. Mulgaonkar, Advocate.
For the Respondents:R1, Sudesh Usgaonkar, R. Pereira, Advocate, R2, None.

JUDGMENT

1. This appeal is filed against the order of remand dated 16.7.2013 made by the District Judge-I North Goa, at Panaji in Regular Civil Appeal No. 339 of 2010 filed by the respondents nos. 1(a) to 1(j) against the judgment and decree dated 30.4.2001, passed by the Civil Judge, Junior Division, Ponda, dismissing the Special Civil Suit No. 21/1984/A filed by them against the appellant and respondent no. 2.

2. The appellant is the original defendant no.1. Respondent nos.1(a) to 1(j) are the legal representatives of original plaintiff and respondent no. 2 is the original defendant no.2.

3. Parties to the appeal are hereinafter referred to as the plaintiffs and defendants in the order they have been impleaded in the suit.

4. The original plaintiff, Smt. Shalinibai Borkar contended that she was the owner in possession of the suit property known as “Borodo Dongrachem Advona”, also known as “Aforamento” situated at Nirancal in Ponda Taluka, described in the Land Registration Office under no.4828 and in the Land Revenue Office under No.779. This property, hereinafter referred to as “suit property” and was surveyed under nos.100/1, 101/1 and 103/0 of village Nirancal and that it was o

































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