222-SA-20-2008.DOC

Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

SECOND APPEAL NO.20/2008

1. Shri Shripad Govind Sinai alias

Ava Padmanaba Kamat (deceased),

Rep. by his legal heirs

(a)Suresh Ava Kamat and his wife

(b)Radha Suresh Kamat

Both resident of Sacordem,

Sanguem

(c)Govind Ava Kamat and his wife

(d)Pallavi Govind Kamat

(e)Kishor Ava Kamat and his wife

(f)Alaka Kishor Kamat

(g)Ashok Ava Kamat,

All resident of Agossa, Cola

(h) Smt. Vimal Bala Prabhu Dessai

Resident of Loliem, Canacona.

2. Ramabai Kamat (expired)

Resident of Agossa of the said Cola

… APPELLANTS

Versus

1.Shri Bhivam Dulo Velip

(Since deceased) represented by his

legal heirs

(a) Shaba Shiva Velipo and his wife

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(b) Premavati Shaba Velipo

(c)Bicam Bhivam Velipo and his wife

(since deceased) through LR's:

1(c)(i) Shri Bhiva alias Kushali Bhikan

Velip son of deceased respondent

no.1(c)

1(c)(ii) Shri Dharma Bhikan Velip, Son

of deceased respondent no. 1(c) and

his wife

1(c)(iii) Smt. Saguna Dharma Velip

1(c)(iv) Shri Rama Bhikan Velip, Son

of deceased respondent no. 1(c) and

his wife

1(c)(v)Smt. Riya Rama Velip,

All residents of Rovamol, Navar

Khola, Canacona Goa

i(c)(vi) Smt. Puni Shiva Velip

Daughter of deceased respondent

no.1(c) and her husband

1(c)(vii) Shri Shiva Velip, Both

residents of Mudcheli, Agonda,

Canacona Goa

1(c)(viii) Shri Kanta Velip, both

residents of Ghanekhola, Canacona Goa

1(c)(ix) Smt. Ugme Purso Velip and

her husband

1(c)(x) Shri Purso Velip, Both

residents of Morpilla, Quepem, Goa

1(c)(xi) Smt. Tulsi Nagu Velip and her

husband

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1(c)(xii) Shri Nagu Velip, Both

residents of Barshe, Quepem, Goa

1(c)(xiii) Smt. Abole Velip, Resident of

Tudal, Canacona Goa

(d) Draupadi Bican Velipo (deceased)

Rep. by her legal heirs 1(g) to (l)

(e) Bombo Panglo Velipo and his wife

(since deceased) rep. by his legal heirs,

Shri Satu Bombo Velipo, R/o Novat

Khola

(f) Rukmini Velipo

(g) Shri Bhivia B. Velip,

(h) Smt. Bhimavati B. Velip

(I) Shri Dharmu B. Velip

All majors and r/o Novar Cola and

legal representatives of deceased

respondents no. 1 (d)

… RESPONDENTS

Mr. Vilas P. Thali with Mr. Rajdeep Prabhugaonkar, Advocate

for the Appellants.

CORAM:

M. S. SONAK, J.

DATED:

20^th October 2022

ORAL JUDGMENT:

1.

This Second Appeal was admitted on 25.03.2009 on the

following substantial question of law:

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"Whether the Courts below fell in error, in dismissing the

suit and the appeal on the ground that the plaintiffs are not

in possession of the property, particularly when the

plaintiffs had filed an amendment application seeking

possession of the property?"

2.

However, for the reasons discussed hereafter, I am satisfied

that the above substantial question of law does not arise in this

Second Appeal. Further, the plaint in Regular Civil Suit

No.61/2000, from which these proceedings arise, deserved to be

rejected by resorting to the provisions of Order VII Rule 11 of the

Civil Procedure Code (CPC).

3.

In relation to the suit property, earlier, a joint Civil Suit

No.104/1969 came to be instituted. This suit was decreed on

18.01.1977. However, the First Appellate Court in Regular Civil

Appeal No.62/1977 set aside the decree dated 18.01.1977 and

dismissed the suit. This was by a decree dated 30.03.1979.

Second Appeal No.7/B/1979 was partly allowed by this Court,

and the matter was remanded to the First Appellate Court for

fresh disposal. Upon remand, the same was registered as Regular

Civil Appeal No.8/1986.

4.

The Regular Civil Appeal No.8/1986 was partly allowed by

the First Appellate Court. However, a permanent injunction was

not granted to the present appellants because the First Appellate

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Court held that the respondents, i.e. the original defendants, were

in possession of the hilly portion (wester