DIANA RODRIGUES Vs. ANTON XAVIER E. D SOUZA

JUDGEMENT

(1.) HEARD Shri Shivan Dessai, Learned Counsel appearing for the Appellants and Shri S. D. Lotlikar, Senior Advocate appearing for the Respondents.

(2.) THE above Second Appeal has been admitted by Order dated 01.08.2003 on the following substantial question of law :

(3.) ON the other hand, Shri S. D. Lotlikar, learned Senior Counsel appearing for the Respondents, has, upon instructions, pointed out that in fact the Respondents have not challenged the Judgment and Decree passed in Regular Civil Suit no. 89/2000 dated 31.10.2009. The learned Senior Counsel does not dispute the fact that the suit property in the said proceedings and the suit property in the present Appeal, are one and the same and, as such, the declaration of ownership and possession in favour of the Appellants has become final for want of Appeal by the Respondents. The Learned Counsel further points out that there are some branches of the trees existing in the property surveyed under no.303/12 of Tivim Village which are protruding into the property of the Respondents surveyed under no. 303/13 and, as such, unless and until such branches are cut and are removed, the question of granting any injunction in favour of the Appellants against the Respondents not interfering with the suit property, would not arise at all. Learned Counsel further points out that the Appellants are not entitled for injunction as prayed for in view of the fact that the branches of such trees are protruding into the property of the Respondent. The Learned Counsel as such submitted that unless such branches are cut, there is no question of granting any injunction in favour of the Appellants.