MR. ALVARO FARIA, MAJOR, SON OF LATE MILOT FARIA, RESIDING AT DILKUSH BUILDING, MAPUSA, BARDEZ GOA Vs. SHRI RAGHUNATH KESHAV KAMBLI, MAJOR, MASON AND HIS WIFE AND MRS. RAGHUNATH KESHAV KAMBLI, BOTH RESIDENTS OF MOROD, SANGOLDA, BARDEZ GOA

JUDGEMENT

(1.) HEARD Shri S. Karpe, learned Counsel appearing for the appellant. None for the respondents though served. The above appeal challenges the judgment passed by the Lower Appellate Court dated 01.12.2003 whereby the appeal preferred by the respondents was partly allowed and the judgment and decree dated 30.04.2003 passed by the learned Trial Judge was set aside and the counter claim filed by the respondents came to be dismissed.

(2.) THE above Second Appeal was admitted by this Court by order dated 22.03.2004 on the following substantial questions of law :

(3.) WITH regard to the second substantial question of law, the learned Counsel has pointed out that once the respondents have failed to establish their claim of adverse possession/prescriptive in the suit property and considering that the appellant has established his title to the suit plot, he is entitled for the restoration of the possession of the suit plot. The learned Counsel as such submits that the learned Judge has erroneously passed the impugned judgment and allowed the appeal filed by the respondents.