CHANDRESHWAR BHUTHNATH DEVASTHAN Vs. BABOY MATIRAM VARENKAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The appeal has been preferred against the judgment and order passed by the High Court of Bombay at Goa, Panaji, Goa in Second Appeal No. 100 of 2005. The plaintiffs filed a suit against Devasthan for issuance of permanent injunction from disturbing his possession and other co-owners in respect to the suit property comprised in survey no. 160/0 of Mulem Village of Salcete Taluka.

(3.) The plaintiff came with the case that he was co-owner of the suit property along with family members. Property was known as "Sainolem" which was predominantly paddy land in hilly tract. Devasthan had illegally created obstruction. The defendant filed its written statement and set up its own ownership. The suit was decreed by the trial court. The first appeal preferred by Devasthan had been dismissed by the first appellate court. Second appeal also met the same fate. Hence the appeal.