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2019 Supreme(Bom) 1015

C.V.BHADANG
Inacinha Telles – Appellant
Versus
Gajanand Vishwas Vishnu Signepurkar – Respondent


JUDGMENT :

C.V. Bhadang, J.

The appellants are the original plaintiffs while the respondents are the defendants. The appellants filed Regular Civil Suit No.32/1992/D against the respondents for permanent, prohibitory and mandatory injunction and for recovery of possession. The subject matter of dispute is a room bearing house no.22/7 situated in a property known as "Horta" surveyed under chalta no.31 of P.T. Sheet No.148 at Mapusa which is more specifically described in plaint para 2.

2. The appellant no.1 is the widow of late John Mathias Telles, while the appellant nos.2 to 5 are their children. The respondent nos.1 and 7 are the sons of late Vishnu Signepurkar. The respondent no.2 is the wife of the respondent no.1, respondent no.3 is the widow of Shyamrao Signepurkar, (late son of Vishnu Signepurkar), while the respondent nos.4, 5 and 6 are the children of Shyamrao and Seema Signepurkar.

3. The material case made out in the plaint is that a portion of the suit house was leased/rented to one Thomas D'Souza and the remaining portion continued to be in possession of the appellants

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