IN

IN

IN THE HIGH COURT OF BOMBAY AT GOA, PANAJI

THE HIGH COURT OF BOMBAY AT GOA, PANAJI

THE HIGH COURT OF BOMBAY AT GOA, PANAJI

CIVIL

CIVIL

CIVIL REVISION APPLICATION NO. 195 OF 2001

REVISION APPLICATION NO. 195 OF 2001

REVISION APPLICATION NO. 195 OF 2001

Shri Sucdo Naik,

House No.345(O), 488(N),

Dhaktem Bhatt, Dongrim,Goa.

... Applicant.

versus

1. Mr. Shambu V. Naik,

major,

2. Mr. Dashrath V. Naik,

r/o House No.345(O),

488(N), Dhaktem Bhatt,

Dongrim, Goa.

... Respondents.

Mrs. A. A. Agni, Advocate for the Applicant.

Mr. A. R. Kantak with Mr. Irshad Aga, Advocates for the

Respondents.

CORAM: P. V. HARDAS, J.

DATED: 3RD MAY, 2002.

ORAL JUDGMENT

ORAL JUDGMENT

ORAL JUDGMENT

This revision has been filed against the

Judgement, dated 25th April, 2001, passed by the District

and Sessions Judge, Panaji, in Miscellaneous Civil Appeal

No. 201 of 2000. By the Judgement under challenge, the

learned lower appellate Court had allowed the Appeal

filed by the Respondents herein and had allowed the

application for temporary injunction, restraining the

Applicant herein, his servants, agents or any other

person acting on his behalf from carrying out any

construction in the suit property till the decision of

the suit by the Trial Court.

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2. The brief facts necessary for the decision of

this Appeal are set out hereunder:-

The Respondents herein are the Original

Plaintiffs who had filed a suit for mandatory and

temporary injunction, being Regular Civil Suit

No.66/2000/C with an application for temporary injunction

which was registered as Civil Miscellaneous Application

No.98/2000/C, before the Civil Judge, Junior Division,

Panaji.

3. In the suit, it was averred that in the

property admeasuring about 775 sq. metres, is situated a

residential house. The said residential house is a

mundkarial house recorded in the name of Smt. Gokul

Venkatesh Naik. Smt. Gokul Venkatesh Naik expired on

5th December, 1983 and on her demise, all her rights and

interests in the suit house devolved on the Plaintiffs

and the Defendants. Incidently, it may be stated that

the Plaintiffs and the Defendants are brothers. Thus,

the Plaintiffs and the Defendants, it is alleged became

the co-owners. It is further stated in the plaint that

the western portion of the said house is in possession of

the Plaintiffs and the eastern portion of the house is in

possession of the Defendants. On 30th March, 2000, the

Defendants without the consent and permission of the

Plaintiffs commenced laying the foundation for the

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purpose of constructing a room behind the house of the

Plaintiffs towards the northern side of the house of the

Plaintiffs and thereby damaged the mud wall of the

portion of the house in possession of the Plaintiffs. It

is also averred in the plaint that the Plaintiffs lodged

a complaint before the Village Panchayat of Azzosim,

Mandur, Tiswadi Taluka and on the basis of the said

complaint, after inspection, the Village Panchayat issued

an Order cum notice directing the Defendant to stop

further construction and to show cause as to why the

construction should not be demolished. It is also

averred in