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IN THE HIGH COURT OF BOMBAY AT GOA

Second Appeal no.58 of 2001

1. Shri Xanu Raghu Shirodkar,

2. Smt. Xanu Shirodkar,

both major of age,

residents of House no.15,

Sim vaddo, Anjuna, Bardez,Goa. .... Appellants

V e r s u s

1. Shri Sebastian Fernandes

2. Smt. Raynah Maria Fernandes,

both major of age,

residents of Flat no.G/103,

Falcon Resorts, First Floor,

Calangute, Bardez, Goa. ..... Respondents

Mr. J.P. Mulgaonkar, Advocate for the Appellants.

Respondents absent though served.

Coram: A. P. Lavande, J.

Date: 1^st October, 2010.

ORAL JUDGMENT:

By this second appeal the appellants take

exception to the judgment and decree dated 29/4/2001 by

which the appeal preferred by the appellants against the

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judgment an decree dated 2/3/2000 passed by the Civil

Judge, Junior Division, Mapusa in Regular Civil Suit no.

176/95/B has been dismissed.

2.

The respondents filed the above suit against the

appellants seeking decree of mandatory injunction against

the respondents to demolish the construction carried out in

the paddy fi