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BOMBAY HIGH COURT - BENCH AT GOA
F. M. REIS, J
Mrs. Luciana Piedade Fernandes – Appellant
Versus
Mr. Antonio Francisca Dias – Respondent
| Table of Content |
|---|
| 1. appellant claims long-term use of pathway. (Para 2 , 3) |
| 2. respondents dispute ownership and pathway access. (Para 4 , 5) |
| 3. lower courts found against appellant's claims. (Para 6 , 7 , 8) |
| 4. access rights must be proven despite alternate options. (Para 9 , 10) |
| 5. final dismissal of the appeal. (Para 11) |
ORAL JUDGMENT
Heard the learned Counsel for the Appellant and the Respondents.
2. This Second Appeal challenges the Judgment passed by the Courts below whereby the suit filed by the Appellants to restrain the Respondents by a permanent injunction from constructing the compound wall or obstructing, blocking, erecting any impediment or encroachment on the suit pathway or from causing or attempting to cause any further obstruction on the suit pathway, came to be dismissed.
3. It is the case of the Appellant that she is residing in a part of the house bearing no.165, situated in the property known as “Mando”, located at Wadi Aframent, Siolim, Bardez, Goa, surveyed under no. 347/0. It is further her contention that the Respondents are residing in a house situated in front of the house of the Appellant and that there is only one easementary pathway situated towards the souther
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