JOAQUINA D COSTA Vs. ALEX D COSTA

JUDGEMENT

(1.) This Second Appeal impugns the decree of the Lower Appellate Court confirming that of the Trial Court dismissing the Appellants' suit on a preliminary ground of maintainability. The Appellants are the original Plaintiffs and the Respondents are the original Defendant nos. 1 to 4. Respondents No. 1 and 2 (original Defendant nos. 1 and 2) alone are contesting the claim in the plaintiffs Suit No. 75/97/B. On the pleadings of the parties the trial court framed an issue bearing No. 7 in the following terms:

(2.) Very few facts are required to be noted to decide the substantial question of law raised in this appeal. The parties shall be referred to by their original description in the Trial Court.

(3.) Regular Civil Suit No. 75 of 1997 was laid in the Court of the Civil Judge, Senior Division at Ponda by five plaintiffs and against the defendants who were four in number, claiming a decree to divide the suit property into two halves including the ancestral house bearing No. 92/1 and 92/2 in such a way that the fruit bearing trees and non-fruit bearing trees are apportioned equally, to the extent possible to the share of the plaintiffs along with defendant nos. 3 and 4 on one side and the defendant nos. 1 and 2 on the other side. Thereafter, they sought consequential reliefs as well as preliminary decree.