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2018 Supreme(Bom) 2089

C.V.BHADANG
Saunsthan Gokarn Partagal Jivottam Mutt – Appellant
Versus
Narayan Raghunath Dessi, Residing Near Police Station – Respondent


Advocates Appeared:
Sudesh Usgaonkar, Adv., R. Pereira, Adv., P. Rao, Adv., Ravi Anand, Adv.

JUDGMENT :

C.V. Bhadang, J.

The challenge in this appeal, at the instance of the appellant/original plaintiff, is to the concurrent finding of dismissal of the suit filed by the appellant, by the Courts below.

2. The appellant had filed Regular Civil Suit No.81/88 (Old R.C.S. No.39/1984) against the respondents before the learned Civil Judge Junior Division at Canacona for injunction restraining the respondents from cutting or transporting any trees from the suit property and from interfering with the same in any manner. In paragraph 1 of the plaint the suit property is described as under :

(a) "XEDIFOND" or 'DEODICHO FONDO" described in the Land Registration office under No.21317 and enrolled in the Land Revenue Office under No.610. It is bounded on the east by Thalnintil Ran registered in the Revenue Roll under No.599 and on the west and south by sweet water river and on the north by Tisreanch Nhoi (river).

(b) "PALIEM" or "PALIEM VAINGONA' described in the Land Registration Office under No.19438 and in the Land Revenue Office under No.609. It is bounded on the east, west and south by sweet water river and on the north by the property "XEDIFONDO" of the plaintiffs and "USMOSTAL" off t

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