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2020 Supreme(Bom) 1102

C.V.BHADANG
Satchidanand S. S. Kacodkar – Appellant
Versus
Megaxma Ramacrishna Sinai Cacodkar – Respondent


Advocates Appeared:
For the Appellant :M.B. D'Costa, Sr. Counsel and Abhay Nachinokar, Advocate
For the Respondent:Nitin Sardessai, Sr. Counsel and Vibhav R. Amonkar, Advocate

C.V. Bhadang, J.

1. All these appeals arise out of the common judgment and decree dated 22.3.2016 passed by the learned District Judge at Margao in Regular Civil Appeal Nos. 84/2015, 85/2015, 12/2016 and 13/2016, which in turn arose out of judgment and decree dated 1.6.2015 passed by the learned Civil Judge Junior Division at Quepem in Regular Civil Suit No. 33/1983/B. As such, they are being disposed by this common judgment.

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

Late Meghasham Sinai Kakodkar and his wife Smt. Manoramabai Sinai Kakodkar (original plaintiffs) filed the aforesaid suit against now deceased Satchidanand Sadashiv Sinai Kakodkar (original defendant) for mandatory and perpetual injunction in which the defendant raised a counter claim for declaration and injunction. The original plaintiff No. 1 and the sole defendant are dead. The parties herein are the legal representatives/successors of the plaintiffs and the defendant. For the sake of convenience they are referred to in their original capacity as plaintiffs and the defendant.

3. The subject matter of dispute is land surveyed under number 146 (described under No. 26507 and inscribed

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