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IN THE HIGH COURT OF BOMBAY AT GOA

SECOND APPEAL NO.114 OF 2003

Shri Sadashiv D. Naik,

Major, married, agriculturist,

Resident of House No. 62,

Varchawada, Arambol,

Pernem, Goa.

….....

Appellant

( original

plaintiff)

V e r s u s

Shri Umesh Krishna Sawanth,

Major in age, service,

R/o H. No. not known,

Varchawada, Arambol,

Pernem, Goa.

…....

Respondent

(original

defendant)

Shri S. D. Lotlikar, Senior Advocate with Shri K. B.

Surjuse, Advocate for the Appellant.

Shri Shivan Dessai, Advocate for the Respondent.

CORAM: U. V. BAKRE, J.

RESERVED ON: 03 /8/2012

PRONOUNCED ON: 31/8/2012.

J U D G M E N T:

This is plaintiff 's Second Appeal.

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2.

The plaintiff had filed Regular Civil Suit no.

23/1999 against the respondent (defendant) for permanent

injunction to restrain the defendant, his agents, servants, etc.

from interfering with and doing any illegal construction of

house in the suit paddy field and for mandatory injunction

directing the defendant to fill the trenches and to demolish

any construction done in the suit paddy field during the

pendency of the sui