ANA COLACO (SINCE DECEASED THROUGH LEGAL REPRESENTATIVES MRS CONNIE PINTO DAUGHTER OF THE DECEASED AND ORS ) Vs. THOMAS COLACO (SINCE DECEASED THROUGH LEGAL REPRESENTATIVES MRS DELAILAH COLACO AND ORS )

JUDGEMENT

(1.) This is plaintiff's (since deceased) second appeal arising from RCS No. 66/91/D. The plaintiff's suit for permanent injunction simpliciter came to be dismissed by the learned Civil Judge, Junior Division at Panaji by judgment dated 15/01/1998 and an appeal taken therefrom, came to be dismissed by the learned District Judge, by judgment dated 11/03/2002.

(2.) Hence this Second Appeal which was admitted on 17/04/2003 on several questions as substantial questions of law enumerated by letters A to E of para 3 of the memorandum of appeal.

(3.) There is no dispute that originally the property was owned by Anton Jose Colaco, the great grandfather of the husband of the plaintiff and the defendant and the same was partitioned in the year 1913 in four parcels and subsequently surveyed under sub-divisions 17,18,19 and 21 of Survey No. 465. The parties have been exclusively in possession of their respective portions which are shown on the survey plan - Exhibit 11. The joint house was divided between the plaintiff and defendant. The plaintiff's portion is surveyed under No. 465/18 and that of the defendant under Survey No. 465/19. To the west of the Survey No. 465/18 there are Survey Nos. 465/17 belonging to Rafael Antonio Colaco and Survey No. 465/21. There was always a road on the western side (south west) going from Ribandar referred to as Pomburpa-Chorao road while there is a dispute as to when the road on the eastern side (south east) referred to as Chorao-Bicholim road came to be constructed. The evidence shows that it came to be constructed in the year 1986 or thereabout.