Heard Mr. Ramani, learned Counsel appearing on behalf of the appellant.

2. This Second Appeal is directed against the judgment and decree dated 25/10/2007 passed by the Ad hoc District Judge FTC-I, Panaji (First Appellate Court, for short) in Regular Civil Appeal No. 29 of 2007, whereby the said appeal was dismissed and the judgment and decree dated 06/02/2007 passed by the learned Civil Judge, Senior Division, Mapusa (trial Court, for short) of dismissal of Regular Civil Suit No. 138/2002/C, was maintained. 3. The appellant was the plaintiff and the respondent was the defendant in that suit. The parties shall, hereinafter, be referred to as per their status in the said suit.

4. The plaintiff had filed the said suit for mandatory injunction directing the defendant to remove the kiosk and/or other structure put up by the defendant in the suit property and to vacate the suit property and hand over the possession of the same to the plaintiff, after restoring the same to the original condition; for permanent injunction restraining the defendant from interfering with the suit property and for compensation at the rate of ` 2,000/- per month for illegal occupation of the suit