1

IN THE HIGH COURT OF BOMBAY AT GOA

APPEAL FROM ORDER NO.10 OF 2007.

1.

Mr. Arnold Braganza,

major, married,

r/o. Dattawdi, Mapusa,

Bardez, Goa.

2.

Mr. Francisco Fernandes

and his wife

3.

Mrs. Sabina Fernandes,

both r/o Feira Alto,

Cunha Gomes Bldg.,

Mapusa, Bardez,Goa.

Respondent Nos. 2 & 3

Through Power of Attorney

Mr. Bonifacio Dias.

...

Appellants/Org.Defendants.

Versus

Smt. Kamlabai Pandurang

Chanekar, major of age,

widow, housewife,

r/o Angod Vaddo,

Mapusa, Bardez, Goa.

..

Respondents/Org.Plaintiff.

Mr. J. E. Coelho Perreira, Senior Advocate with Mr. V. Korgaonkar,

Advocate for the appellants.

Mr.J.A.Lobo,Advocate Under Legal Aid Scheme

CORAM : R. C. CHAVAN,J.

DATE : 20

th August, 2008.

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ORAL JUDGMENT :

1.

The appellants original defendants have filed this appeal

taking exception to the following order passed by the learned Additional

District Judge, remanding the suit for a decision on additional issue.

" Appeal is partly allowed. Impugned judgment and decree

dismissing the suit is set aside. File remanded to the trial

Court to frame additional issue on the point of locus standi and

then to decide the suit afresh after allowing opportunit