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2014 Supreme(Bom) 1155

U.V.BAKRE
Lateran Max Francisco Vaz – Appellant
Versus
Volvetta Gomes – Respondent


Advocates Appeared:
For the Appellants:S. G. Dessai, Senior Advocate with S. Keny, Advocate.
For the Respondents:R1 to R4, C. Mascarenhas, Advocate.

Judgment :

1. Heard Mr. Dessai, learned Senior Counsel appearing on behalf of the appellants and Mr. Mascarenhas, learned Counsel appearing on behalf of respondents no. 1 to 4.

2. This Second Appeal is filed against the judgment, order and decree dated 21/01/2004 passed by the Additional District Judge-III, South Goa, Margao (First Appellate Court) in Regular Civil Appeal No. 42 of 2001, by which the Judgment, order and decree dated 12/03/2001 passed by the Civil Judge Junior Division, Margao, (Trial Court), in Regular Civil suit No. 39/1986/C, has been quashed and set aside.

3. The appellants and respondents no. 5 to 8 were the plaintiffs in said Civil Suit whereas respondents no. 1 to 4 and 9 were the original defendants therein. Parties shall, hereinafter, be referred to as per their status in the said civil suit.

4. The plaintiffs had filed the said suit for permanent injunction to restrain the defendants, their relations, servants, etc. from encroaching into the plaintiffs' land and/or from making any extensions or encroachments or erecting any structure into the plaintiffs' land and for mandatory injunction directing the defendants to remove and/or demolish the southern encro





















































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