ANTONIO LOBO Vs. FELIX FERNANDES

JUDGEMENT

(1.) Original plaintiffs (appellants herein) are in appeal, by Special Leave. They are aggrieved by the judgment of the High Court of Bombay at Goa whereby the learned Single Judge of that Court partly allowed the appeal of the defendants (respondents herein) and confined the decree passed by the First Appellate Court with regard to the demolition of Structure 'A' only. The prayer regarding demolition of structures 'C', 'D', 'E' have been denied as the High Court was of the opinion that as regards these structures, suit was barred by time. For the sake of convenience, we shall refer the appellants, 'plaintiffs' and the respondents, 'defendants' hereinafter.

(2.) The plaintiffs sought for the following reliefs in the suit filed on April 13, 1989 :

(3.) The aforesaid prayers were founded on the pleading that the defendants (Mundkars) constructed the structure 'D' in 1978; structures 'E' & 'C' in Oct., 1983 and structure 'A' in Dec., 1987. The plaintiffs averred that the above structures, namely, 'A', 'C', 'D' & 'E' have been constructed by the defendants beyond mundkarial area; the plaintiffs asked the defendants to demolish the structures 'C', 'E' & 'D' in 1986 but the defendants refused to demolish the same and constructed another structure 'C' in Nov., 1987.