MISS CATARINA FERNANDES Vs. JOSE MENINO RODRIGUES

JUDGEMENT

(1.) The above Second Appeal takes exception to the Judgment and Decree dated 30/11/2002 passed by the 1st Additional District Judge, South Goa, Margao (first Appellate Court) in Regular Civil Appeal No. 62 of 1999, which was filed by the defendants of Special Civil Suit No. 117/96/II, against the Judgment and Decree dated 29/04/1999, passed by the 2nd Additional Civil Judge, Senior Division, Margao (trial Court) in the said suit. The defendants of the said Special Suit have filed cross-objection in the present Second Appeal. This common judgment shall dispose of the Second Appeal as well as the cross-objection.

(2.) The parties shall hereinafter be referred to as per their status in the said Special Civil Suit.

(3.) The plaintiffs had filed the said suit for recovery of possession and permanent injunction for directing the defendants to remove the compound wall, the room and the store room and whatever encroachments that may be existing in the suit property and to give vacant possession thereof to the plaintiffs and to restrain the defendants, their relatives, etc. from interfering with the suit property. Case of the plaintiffs, in short, was as follows :