CARLTON AND ORS. Vs. SONHIA AND ORS.

JUDGEMENT

(1.) The appellants were the defendants 15 and 16 in Regular Civil Suit No.50/2005/A before the Civil Judge, Senior Division, Vasco. The respondents 1 to 4 were the plaintiffs in that suit. They sued 20 defendants. In the suit, they sought a declaration that they were the coowners along with the defendants. They have also sought an injunction.

(2.) Of all the 20 defendants, the 13th defendant alone was served. As a matter of irony, all the unserved defendants live in India, whereas the 13th defendant lives in the USA. Eventually, save the defendants 15 and 16, the rest were served, and the trial went on. In November 2012, the Trial Court partly decreed the suit. Aggrieved, the plaintiffs filed Regular Civil Appeal No.2/2013 before the Ad hoc District Judge 1, South Goa. There, the defendants 15 and 16 are the respondents 14 and 15. Again, these respondents have remained ex parte. Then, on 30/9/2013, the appellate Court allowed the appeal in its entirety. Aggrieved, the defendants 15 and 16 have filed this Second Appeal.

(3.) For convenience, we will refer to the appellants in this Second Appeal as they were originally arrayed in the suit: Defendants 15 and 16. Better still, as they alone challenged the ex parte decrees, let us call them the contesting defendants. Similarly, we will refer to the respondents 1 to 4 as they were before the trial Court: the Plaintiffs.