Heard. Admit. Heard finally by consent.

2. This Civil Revision Application challenges the legality and correctness of the order passed on 27th April, 2015 in Special Civil Suit No.34/2011/A by Court of Civil Judge, Senior Division, Bicholim.

3. The facts leading to filing of this Revision application may be stated in brief as under:

a) The respondent is the original plaintiff who had filed a civil suit against the petitioner, which is the original defendant no.2. The suit claims reliefs of payment of damages of Rs.25.00 lakhs and also injunctions, both permanent and mandatory against all the defendants. Original defendants nos.1, 3 and 4 have not been impleaded as parties to this application, as the relief claimed in this application is only against the respondent.

b) It is the case of the respondent that he is a co-owner of an undivided property, surveyed under no.24/2011 of village Pissurelem Village, hereinafter referred to as the suit property. The present petitioner as well as the original defendant nos.3 and 4, acting under permission from the original defendant no.1 to operate the mining concession, by dumping mining rejects on the suit property indiscriminately, illeg