LAWRENCE DIAS Vs. BHAGYASHRI PANDURANG MAHADESHWAR

JUDGEMENT

(1.) BY this Second Appeal, the appellants takes exception to the judgment and order dated 30/4/2010 passed by the Adhoc District Judge, Fast Track Court at Mapusa in Regular Civil Appeal no.129 of 2009 by which the appeal filed by the appellants has been dismissed as barred by limitation.

(2.) The respondent no.1 herein filed Regular Civil Suit NO.146/2010/B in the Court of Civil Judge, Junior Division at Mapusa against the appellants and respondent no.2 seeking recovery of possession and compensation. The suit was decreed on 24/7/2009.

(3.) THE respondent no.1 filed an application dated 22/02/2010 stating therein that the appeal was barred by limitation and there was delay of 86 days in filing the appeal. The appellants filed reply on 17/3/2010 and insisted that the appeal was not barred by Law of Limitation and as such, the application filed by respondent no.1 was liable to be dismissed.