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2022 Supreme(Bom) 1756

M. S. SONAK
Subash Fotu Bhandari (now deceased) through his legal representative – Appellant
Versus
Vassant Data Quenim Robolo – Respondent


Advocate Appeared:
For the Appellant :Mr M.B. Da Costa, Senior Advocate with Ms. K. Betquecar
For the Respondent:Ms Priyanka Kamat with Ms. S. Pinto, Advocates

JUDGMENT :

1. Heard learned Counsel for the parties.

2. The appellants are the original plaintiffs, and the respondents are the original defendants in Special Civil Suit No.55/1984/B in the Court of Civil Judge Senior Division at Panaji (trial Court). Therefore, in this Appeal, the parties will be referred to as plaintiffs and defendants for convenience.

3. The plaintiffs relying upon a Gift Deed dated 23.02.1922, instituted the above suit for recovery of possession of the property, which they claimed, was the subject matter of the said Gift Deed from the defendants. The defendants resisted the claim, inter alia, by raising a counterclaim that the Gift Deed dated 23.02.1922 was never executed by their predecessor in title. In any case, the same was null and void.

4. The trial Court dismissed the suit by judgment and Decree dated 04.07.2000 but decreed the counterclaim. Aggrieved, the plaintiffs instituted Regular Civil Appeal No.201/2010 before the Adhoc District Judge-2, North Goa at Panaji (first appellate Court). By judgment and Decree dated 02.05.2012, the first appellate Court dismissed the Appeal. Hence, the present Second Appeal.

5. This Second Appeal was admitted on 10.10.2012 o

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