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BOMBAY HIGH COURT - BENCH AT GOA
F. M. REIS, J
Shri Peter alias Pedro Fernandes, Smt. Irene Caido Fernandes – Appellant
Versus
Shri Piadade Rodrigues, Miss Gina Rodrigues, Miss Giselle Rodrigues, Smt. Antonette Cabral e Rodrigues – Respondent
| Table of Content |
|---|
| 1. substantial questions of law related to easement rights. (Para 1 , 2) |
| 2. court's observations on legal principles governing easement rights. (Para 4 , 7 , 8 , 9) |
| 3. facts regarding property ownership and claims. (Para 5) |
| 4. application of section 17(b) of the easement act. (Para 6) |
| 5. final ruling on the appeal and cross objections. (Para 10) |
ORAL JUDGMENT
1.Heard Shri Vengurlekar, learned Counsel appearing for the Appellants and Shri Melo, learned Counsel appearing for the Respondents.
2. The above Appeal has been admitted on 13.07.2007, on the following substantial question of law :
(i) Whether it is absolutely necessary to make prayer in the plaint for declaration regarding the existence of right of easement by prescription and if such prayer is not made, whether the suit solely seeking permanent injunction, is bound to fail ?
3. During the course of the hearing of the above Appeal, Shri Melo, learned Counsel appearing for the Respondents has argued in support of the Cross Objection filed by the respondents. After hearing both the learned Counsel with that regard, the following additional substantial questions of law are framed by consent of the learned Counsel :
(a) Co
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