C.V. Bhadang, J.

The challenge in this appeal is to the judgment and decree dated 14/9/2005 passed by the learned Additional District Judge at Mapusa in Regular Civil Appeal no. 70/2004. By the impugned judgment, the appeal filed by the respondent has been allowed thereby dismissing the suit filed by the appellant.

2. The brief facts necessary for the disposal of the appeal may be stated thus:

"That the appellant filed a suit against the respondent before the learned Civil Judge Junior Division at Pernem, for injunction restraining the respondent or anybody on his behalf, from doing any extension to the existing house or making any encroachment in the suit property thereby causing any injury to the plaintiff and from committing any breach of the appellant's right of co ownership over the suit property."

3. The suit property consists of land survey no. 43/12 known as "Govind Naik Bhatlem" situated at Virnoda Taluka, Pernem. Admittedly the suit property is common undivided and joint ancestral property belonging to the appellant, the respondent and other co owners. The respondent, who is admittedly the co owner of the suit property has his residential house standing therein. The