ASSISTANT ENGINEER Vs. LIDIA BARBOSA

JUDGEMENT

(1.) HEARD Shri G. Shirodkar, learned Government Advocate on behalf of the appellants and Shri C. A. Coutinho, learned Counsel on behalf of the respondents.

(2.) THIS First Appeal is directed against Judgment/Order dated 7-12-2004 of the learned Adhoc Additional District Judge in Special Civil Suit No.113/1999/III, by which the learned District Judge by way of a mandatory injunction has directed the demolition of the toilets constructed by the defendants(appellants herein) in the suit properties except those constructed in the plots sold by the plaintiff, and to restore the suit properties to their original position.

(3.) ADMITTEDLY, the said construction of the toilets was done without the permission of the plaintiff or other co-owners of the property, and, therefore the plaintiff filed the suit, inter alia, for mandatory injunction directing the defendants(appellants herein) to demolish all the toilets constructed in the said two properties except those constructed in the properties sold as aforesaid and to restore the property to its original condition.