BALKRISHNA NILU NAIK GAONKAR Vs. PURSHOTTAM VOIRO DESSAI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The appellants are the original plaintiffs, and the respondents are the original defendants in Regular Civil Suit No. 30/1993 instituted in the Court of the Civil Judge, Junior Division at Canacona (Trial Court) seeking relief that they be declared as owners in possession of the suit property, and further, for a permanent injunction to restrain the defendants from interfering or trespassing into the suit property. The suit property was described in paragraph 2 of the plaint inter alia as bearing Survey Nos. 151(1), 151(2) and 151(3), Shirewada, Nagarcem, Canacona, Goa.

(3.) The Trial Court, vide its Judgment and Decree dtd. 30/10/2003, decreed the suit. However, the First Appellate Court, vide Judgment and Decree dtd. 19/10/2004, reversed the Trial Court's Judgment and Decree. Hence this Second Appeal.