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2021 Supreme(Bom) 1359

M.S.SONAK
Forest Department – Appellant
Versus
Administrator Of Communidades – Respondent


Advocates appeared:
D. J. Pangam, Advocate, Susan Linhares, Advocate, A.D. Bhobe, Advocate, Pavithran A.V, Advocate, K. Govekar, Advocate, A. Fernandes, Advocate

JUDGMENT

M. S. Sonak, J. - Heard Mr. D. Pangam, learned Advocate General who appears along with Ms. Susan Linhares, Addl. Govt. Advocate for the appellant and Mr. A.D. Bhobe, who appears along with Mr. Pavithran for respondent No.2.

2. This appeal is directed against the judgment and decree dated 17th March 2006, made by the Additional District Judge, Fast Track Court II, South Goa, at Margao (Trial Court), dismissing the appellant's Civil Suit No.126/2004 (new). The appellant-Forest Department had applied for the following reliefs in the suit :

"(a). For declaration that the plaintiff is the owner in possession of suit property bearing Survey No.150, having an area of 1,05,000 Sq. Mtrs., situated in village Naquerim of Quepem Taluka and further declaration that the name of the defendant No.2 has been wrongly recorded in suit property.

(b) For direction to the Mamlatdar of Quepem/Talathi or to the authorised Officer, under the Land Revenue Code be ordered to delete the name of the defendant No.2 from the suit property, under survey No.150 of village Naquerim of Quepem taluka; and to include the name of the Forest Department in suit property under survey No.150 of village Naquerim of Qu

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