Advocates:
['J GODINHO', 'V MENEZES', '', 'G SHIRODKAR', 'G A']

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IN THE HIGH COURT OF BOMBAY AT GOA

APPEAL FROM ORDER NO. 18 OF 2009.

1)

Shri Santosh Murari Gauncar,

Resident of House No.51,

Wadachawada, Sirigao Taluka,

Bicholim-Goa.

2)

Shri Ladu Murari Gauncar,

Resident of House no.51,

Wadachawada, Sirigao Taluka,

Bicholim- Goa.

..

Appellants

Versus

1)

Shri Bagwant Bhaskar Gaonkar

Resident of House No.50,

Wadachawada, Sirigao Taluka

Bicholim-Goa.

2)

Shri Dilip Bhaskar Gaonkar,

Resident of House No. Nil,

Wadachawada, Sirigao Taluka

Bicholim-Goa.

3)

Shri Chandan Bhaskar Gaonkar,

Resident of House No.50,

Wadachawada, Sirigao Taluka

Bicholim-Goa.

4)

Smt. Kusumavati Narsinha Gaonkar

Resident of House No.Nil,

Thorli Bhat, Village Dongri,

Taluka Tiswadi-Goa

5)

Shri Babuli Narsinha Gaonkar

Resident of House No.Nil,

Thorli Bhat, Village Dongri,

Taluka Tiswadi-Goa.

6)

Shri Anand Narsinha Gaonkar,

Resident of House No.Nil,

Thorli Bhat, Village Dongri,

Taluka Tiswadi-Goa.

7)

Shri Ashok Narsinha Gaonkar,

2

Resident of House No.Nil,

Thorli Bhat, Village Dongri,

Taluka Tiswadi-Goa.

8)

Smt. Anupama Namdev Gaonkar,

Resident of House No.77,

Near Government High School,

Bogda, Vasco-Goa

9)

Shri Naresh Namdev Gaonkar,

Resident of House No.77,

Near Government High School,

Bogda, Vasco-Goa

10)

M/s. Rajaram Bandekar (Sirigao)

Mines Pvt., Ltd.,

with its registered office at Nitin

Chambers, Swatantra Path,

Vasco-da-Gama, Goa, Through its

Managing Director Shri Narayan

Rajaram Bandekar, r/o. Vasco-Goa.

11)

Sarpanch

Village Panchayat Sirigao,

Sirigao Taluka,

Bicholim-Goa

12)

Director

Directorate of Panchayat

Junta House, Panaji, Goa

..

Respondents

Mr. J. Godinho, Advocate for the appellant.

Mr. Valmiki Menezes with Ms. Melissa Conception,

Advocates for the respondent

CORAM :- U. D. SALVI, J.

DATE OF RESERVING

THE ORDER : - 24

^th February,2010.

DATE OF PRONOUNCING

THE ORDER :- 4 ^th March, 2010.

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ORDER :

This is an appeal filed against the order dated

10.09.2008 rejecting the application for temporary injunction

in Civil Suit no.77/2007 by the learned Ad hoc District Judge-

I, Panaji, Goa.

2.

Subject matter of the said suit for injunction

simplicitor is the property admeasuring an area of 500

square meters in Survey No.59/3 adjacent to the property

admeasuring Survey No.59/4 of village Sirigao, Taluka

Bicholim, District North Goa, Goa. The appellants/ plaintiffs

claiming to be in peaceful enjoyment and possession of the

property admeasuring 485 square meters in the said

property including a residential house bearing No.51 new

(Old House No.42), Cow Shed bearing House No.52 new (Old

House No.42/1) totally admeasuring 68.40 meters situate

therein since last 35 years, state that their father has been

declared as a mundkar of the said residential house vide

order dated 6.10.1983 and their father had planted bamboo,

mango, banana, coconut, jack-fruit and other fruit bearing

trees in the area surrounding the said residential house and

cow shed in the said area of 485 square meters of the said

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property. The appellants/ plaintiffs further revealed in the

plaint that respondents/ defendant Nos. 1 to 3 brothers

interse have illegally constructed a structure in the said

property and started cutting the said plantation, damaged

the cow shed and committed other acts of encroachment on

the said property. The appellants/ plaintiffs further revealed

that the respondent Nos. 4 to 7 are heirs and legal

representatives of the late Narsinha Babuli Gaonkar

erstwhile owner of the said property and the defendant Nos.

8 to 9 are the heirs of Namdeo Vithu Gaonkar whose name

appeared in the occupants column of the survey record in

respect of the said property; and the late Shri Narsinha

Babuli Gaonkar along with other co-owners have sold

property under Survey No.59/3 excluding an area of 500

square meters to the respondent / defendant No.10 by deed

of sale dated