SHRI FRANCISCO ALBERTO LOURENCE DE CUNHA, R/O. CUELM, CANSAULIM, SALCETE, GOA Vs. LEOPOLDINA PEREIRA E MENDONCA, (SINCE DECEASED) NOW REPRESENTED BY HER LEGAL HEIRS AS UNDER AND ORS.AND SHRI LOUENCINHO VICTORIA, R/O. CANSAULIM, MORMUGAO TALUKA, GOA.

JUDGEMENT

(1.) HEARD Mr. Sardessai for the appellant and Mr. Diniz for respondents No. 1(f), 1(g) and 2. By this second appeal, the appellant takes exception to the Judgment and Order dated 2nd August, 2008, passed by the District Judge -3, South Goa, Margao in Regular Civil Appeal No. 153/2002, by which the appeal preferred by the appellant against the Judgment and Decree dated 17th August, 2002, passed by the Civil Judge, Jr. Division, Vasco in Regular Civil Suit No. 78/89, has been dismissed.

(2.) LEOPOLDINA Pereira e Mendonca, whose respondents No. 1a to 1g are the legal representatives, and respondent No. 2 herein, filed the above suit against the present appellant/defendant, seeking relief of declaration and permanent injunction. Plaintiff No. 1 sought a declaration in respect of two properties; whereas plaintiff No. 2 sought a declaration in respect of one property.

(3.) UPON appreciation of the evidence led by the parties, the Trial Court decreed the suit. An appeal preferred to the District Court, Margao was also dismissed by the impugned Judgment and Decree.