SHRI CHANDRAKANT BABU NAIK, AGED 60 YEARS, MARRIED, RETIRED AND SMT. SAVITRI VAMAN NAIK, AGED ABOUT 70 YEARS, WIDOW OF LATE VAMAN BABU NAIK, HOUSEWIFE; (SINCE DECEASED) REPRESENTED BY HER LEGAL HEIR, (A) SAKOBA VAMAN NAIK AND ORS. Vs. SHRI ROHIDAS SUKDO NAIK, AGED 64 YEARS, AGRICULTURIST, AND HIS WIFE,

JUDGEMENT

(1.) HEARD Mr. Shirodkar, learned Counsel for the appellants and Mr. Kantak, learned Counsel for the respondents. By this Second Appeal, the appellants/ plaintiffs take exception to the judgment and decree dated 10th December, 2009 passed by the District Judge -I, North Goa, Panaji in Regular Civil Appeal No. 25/2009 dismissing the appeal preferred against the judgment and decree dated 21st July, 2008 passed by Civil Judge, Junior Division, Ponda in Regular Civil Suit no.16/2000/B.

(2.) THE appellants/ plaintiffs filed the above suit against the respondents/ defendants seeking the following reliefs :

(3.) THE trial Court upon appreciation of the evidence held against the plaintiffs. The trial Court held that the plaintiffs had neither identified the illegal construction nor proved that it was carried out in the property in possession of the plaintiffs and consequently, the trial Court dismissed the suit and as also the counterclaim.