PEDRO DAMIAO LAZARIO CAEIRO Vs. CAETANO

JUDGEMENT

(1.) MR. Diniz seeks leave to delete Article 226 from the cause title. Leave granted. Amendment to be carried out forthwith. Reply filed on behalf of respondent Nos. 1 and 2 is taken on record.

(2.) HEARD Mr. A. F. Diniz, learned Counsel for the Petitioners and Mr. H. Arsekar, learned Counsel for respondent Nos. 1 and 2. Respondent No. 4 though served not present.

(3.) MR. Diniz, learned Counsel appearing for the petitioners submitted that since the suit is filed on the ground that defendants have encroached in the property of the plaintiffs, this is a fit case in which a Commissioner deserves to be appointed by the trial court to verify whether there is encroachment by defendants. He further submitted that in the event commissioner is appointed by the trial court to verify whether there is encroachment or not, the petitioners would not press the present writ petition.