F.M. Reis, J.

1. Heard Shri Sudesh Usgaonkar, learned Counsel appearing for the Appellants, Mr. M.P. Almeida, learned Counsel appearing for the Respondent nos. 1, 1a, 2, 2a 4, 4a, 11a(1) to 11a(8), 13 and 13a and Shri C.A. Coutinho, learned Counsel appearing for the Respondent nos. 5, 6, 6a, 8 and 9.

2. At the outset Shri M.P. Almeida, learned Counsel appearing for the Respondent no. 4, upon instructions of the Respondent no. 4, seeks leave to withdraw the Counter Claim filed by the Respondent no. 4 against the Appellants herein in respect of the portion of the property surveyed under no. 79/2010 without prejudice to his defence in the suit.

3. Briefly, the facts of the case as stated by the Appellants are as follows:

The Appellants filed Regular Civil Suit No. 57/1986/D, for a declaration, demarcation and injunction on the ground that they are the owners in possession of the property known as "Peddachem Orda quarta-parte e quarta-parte de casas de morada com seu patio e quintal", situated at Utorda, registered in the Land Registration Office under no. 11413 in the Book B-43 old, wherein the residential house of the Appellants is located. During the pendency of the suit, the