1. The Second Appeal was admitted on 01.09.2005 on the following question of law:

“Whether when the plaintiff (respondent) himself having acknowledged and admitted of one metre access all along the western boundary being left for the use of the public and the defendants, the District Court could hold that the plaintiff (respondent) had not violated any of the civil rights of the defendants (appellants) and that the plaintiff (respondent) was under no obligation to reserve the said access?

2. Mr. Desai for the respondent argues that no such question of law arises. Having heard him at some considerable length, including on that aspect of the matter, and Mr Bhobe for the appellant, I am unable to agree.

3. The respondent was the original plaintiff to the suit. The dispute was about access to and through the plaintiff’s property. The plaintiff brought suit in the Court of the Civil Judge Junior Division of Bardez at Mapusa, alleging that the defendants (the appellants before me) were interfering with the plaintiff’s possession of his property. This is a tract of land of about 850 square metres at Survey No. 15, Sub-Division No. 20, situated at Santarxett in the Village Aldona, w