CEZARIO F DSOUZA Vs. JONN FERNANDES,

JUDGEMENT

(1.) Heard Mr. A.D. Bhobe for the Appellants and Mr. V.P. Thali, who appears along with Mr. Prabhugaonkar for Respondents No.1 and 2.

(2.) The Appellants are the original Defendants No.6 and 7 and Respondents No.1 and 2 are the original Plaintiffs in Regular Civil Suit No. 107/99/D, instituted in the Court of Civil Judge, Jr. Division, at Mapusa (Trial Court).

(3.) The Trial Court, vide Judgment and Order dated 16/2/2009, decreed the suit and declared, inter alia, that the Plaintiffs have acquired title by way of adverse possession/prescription to the suit part of the courtyard, admeasuring 11 sq. meters and the fenced garden admeasuring 13 sq. meters within survey No.80/23 of Village Bastora, Bardez, Goa (suit property for this Second Appeal). The impugned Judgment and Decree concerns other properties, as well as other issues. However, in this Second Appeal, the Appellants and Respondents No.1 and 2 (original Plaintiffs) are concerned with only the aforesaid suit property admeasuring in all 24 sq. meters and forming part of the property survey No.80/23 of Village Bastora, Bardez, Goa.