LAWS(BOM)-2012-4-204

SAJI JAGGU SAUNTO Vs. VITHAL ANANT SAUNTO

Decided On April 09, 2012
Saji Jaggu Saunto Appellant
V/S
Vithal Anant Saunto Respondents

JUDGEMENT

(1.) HEARD Shri C.A. Coutinho, the learned Counsel appearing for the appellants, Shri A.F. Diniz, the learned Counsel appearing for the respondents no.1(a),2,3,4,6(a),6(b) and 6(c) and Shri Ranjit Satardekar, the learned Counsel appearing for respondents no.6 and 8(a).

(2.) THE above appeal challenges the judgment passed by the learned Additional District Judge, North Goa, Panaji in Regular Civil Appeal No.325/2010 dated 31/01/2011 whereby an appeal preferred by the respondents was partly allowed and the judgment and decree passed by the learned trial Judge dated 21/04/2007 was quashed and set aside and, the suit was remanded to the learned Civil Judge, Senior Division, Ponda to rehear the arguments and pass a fresh judgment within a period of six months.

(3.) THE respondents filed the suit on the ground that late Vitola Balu Saunto is the husband of Satiabami Vitoba Saunto also known as Sorospoti Vitola Saunto and who owned specific property namely 1/5th of the property known as "Madlem Piguim" situated in the village of Talaulim, Ponda Taluka and surveyed under no.51/5,52/6,52/7, 54/4, 55/7, 56/7 and 41/4 of village of Talaulim besides another property being 1/5th of the property called "Madlem Poiquim Baboni Daba Saunto Babat" described in the Land Registration Office of Panaji under No.12485 and enrolled in Taluka Revenue office under nos.227, 230, 335, 337 and 347. The respondents claiming a right to the said property and had sought different reliefs including relief for declaration of their title and for consequential relief of restoration of possession in the alternative and relief for injunction, etc.