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2023 Supreme(Bom) 2077

VALMIKI SA MENEZES
Ramanand Gunaji – Appellant
Versus
Raghuvir Shamba – Respondent


Advocates appeared:
N.N.Sardessai, Advocate, Shivam Fadte, Advocate, Panandikar, Advocate, Shivan Dessai, Advocate, Maria Viegas, Advocate, Varun Bhandankar, Advocate

JUDGMENT/ORDER

1. This second appeal impugns judgment and decree dtd. 29/1/2010 of the District Court, Mapusa passed in Regular Civil Appeal 64/2009. The appeal has been admitted on the following substantial questions of law:

    (i) Whether the Appellate Court committed illegality by reversing the order passed by the Learned Trial Court, which had allowed the appellants' Counter Claim for permanent injunction as also mandatory injunction thereby directing the respondents to remove the wooden showcase/ wooden planks fixed on the door of the suit shops leased to the appellants, despite the Appellate Court giving a categorical finding that the respondents had no right to do so, and that, the said act was an act of encroachment?

(ii) Whether the findings of the Appellate Court that the respondents were in settled possession of the space outside the door of Shop No.98, based on the exhibits PW1/J, PW1/M, PW1/E, and PW1/C and the bills from the year 1989 to 1992 can be sustained in law, when neither the authors of the said documents were examined nor the said documents taken at its face value could establish the respondents' possession of the space outside Shop No.98?

(iii) Whether the Appella

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