LILIA DIAS Vs. CRISTINA VIRGINIA GOMES

JUDGEMENT

(1.) learned Senior Counsel appearing for the Applicant and Shri A. R. Kantak, learned Counsel appearing for the Respondent no. 1.

(2.) The above review admitted by this Court by Order dated 27.11.2006, came to be heard finally.

(3.) Shri J. E. Coelho Pereira, learned Senior Counsel appearing for the Applicant has pointed out that this Court whilst disposing of Second Appeal no. 45/2003 by Order dated 17.06.2005, had come to the conclusion that there was no substantial question of law which arises in the said Appeal filed by the Respondents but, however, had clarified that the Lower Appellate Court whilst disposing of the Appeal filed by the Applicants challenging the dismissal of the counter claim, had directed the Respondent to demolish the compound wall constructed by the Respondents in plot no. 15 which is touching the wall of the house of the Applicants. Learned Senior Counsel further pointed out that, according to the Applicants, the entire wall constructed by the Respondents blocking the access of the Applicants was ordered to be demolished by Lower Appellate Court. Learned Senior Counsel further pointed out that once the Court has come to the conclusion that there were no substantial questions of law which arises in the Appeal, the question of interfering with the impugned Order and granting such clarifications is without jurisdiction which has resulted in an error apparent on the face of record which necessitates a review of the Order passed by this Court dated 17.06.2005.