JUDGMENT :

1. By this Appeal, the original defendants are before this Court challenging Judgment and Order dated 30.06.2004, passed by the Court of First Adhoc Additional District Judge, Panaji, whereby, Regular Civil Appeal No. 46 of 2004, filed by the original Plaintiffs stood allowed.

2. The facts in brief leading to the filing of the present appeal are that the parties are inter se related to each other. One Manohar Bordekar i.e. the original Plaintiff no.3, who was Respondent no.3 in the present Appeal and later deleted upon his death, was married to Mandakini Bordekar. They had three children i.e. the Appellant no.1, the Respondent no.1 and Respondent no.4. The Appellant no.2 is the husband of Appellant no. 1 and Respondent no.5 is the husband of Respondent no.4. The said Mandakini Bordekar purchased a property comprising two plots surveyed under nos. 243/5 and 244/22 admeasuring 600 square metres and 50 square metres respectively. Property at survey no. 244/22 was acquired for construction of public road and the present litigation concerns the residential house property in survey no. 243/5. The Appellants claimed that the said Mandakini Bordekar, wife of Manohar Bordekar, i.e.