AUGUST FURTADO Vs. MINGUEL ANTONIO RODRIGUES

JUDGEMENT

(1.) Heard Mr. A. D. Bhobe with Ms. K. Govenkar, learned counsel for the Appellants, and Mr. C. A. Coutinho learned counsel for the Respondents.

(2.) This appeal was admitted on 22.10.2010 on the following substantial questions of law.

(3.) The Appellants are the original defendants and the Respondents are the original plaintiffs in Regular Civil Suit No. 182/99/D instituted in the Court of the Civil Judge Junior Division, Margao. The plaintiffs filed a suit seeking a permanent injunction to restrain the defendants from interfering with the suit property which was described in the plaint and also for mandatory injunction to remove the barbed wire fencing erected in the suit property bearing survey No.44/26. The trial Court decreed the suit by granting a permanent injunction but rejected the prayer for mandatory injunction. The First Appellate Court has dismissed the appeal and upheld the judgment and decree made by the trial Court. Hence, the present Second Appeal on the aforesaid substantial questions of law.