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2021 Supreme(Bom) 982

M.S.SONAK
Rohidas Simepuruskar – Appellant
Versus
Mario Francisco De Conceicao Lobo Alias Mario Francisco Lobo – Respondent


Advocates appeared:
T. Sequeira, Advocate, V.P. Thali, Advocate, Rajdeep Prabhugaonkar, Advocate

JUDGMENT

M S Sonak, J. - Heard T. Sequeira for the Appellants and Mr. V. P. Thali who appears along with Mr. Rajdeep Prabhugaonkar for the Respondent.

2. The appellants are the original defendants and the respondent is the original plaintiff in Regular Civil Suit No.189/1996/C instituted in the Court of the Civil Judge, Senior Division at Mapusa (Trial Court). Accordingly, for this Second Appeal, the parties will be referred to by their original positions before the Trial Court.

3. The plaintiff, by instituting the aforesaid Suit prayed for the following reliefs:

a) That the defendants their agents representatives or any other person acting on their behalf be restrained by way of permanent injunction from doing any construction within a distance of 1.5 meters from the boundary of the suit property in any manner whatsoever.

b) That the defendants their agents, representatives, servants, family members or any other person acting for an on their behalf be restrained by way of permanent injunction from occupying any structure illegally constructed and thereby interfere with the privacy of the plaintiff to enjoy and possess the suit property.

c) Any other relief the court deems fit and prope

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