MADHU SONU NAIK Vs. ANA ROSA FERNANDES

JUDGEMENT

(1.) Heard Advocate Mr. Kakodkar for the appellant and Mr. D'Costa, learned Senior Counsel for respondent no.4. None present for the other respondents, though served.

(2.) By this Second Appeal, the appellant takes exception to judgment and decree dated 15/11/2003 passed by the Additional District Judge-II, Panaji in Regular Civil Appeal No.30/2001 by which the appeal preferred against the judgment and decree dated 14/12/2000 passed by Civil Judge, Junior Division, Panaji in Regular Civil Suit No.107/1985/C, has been dismissed.

(3.) The appellant is the original plaintiff in the above suit which was initially filed seeking injunction against the defendants from interfering with the right of way through the property of respondent no.1 Thereafter, relief was also claimed against respondent no.4. Subsequently, the plaint was amended by adding additional paragraph 41(A) in which the plaintiff claims right to purchase three metres wide access way through the property of defendant no.1 at a reasonable price in terms of Article 2309 of Portuguese Civil Code. The suit was contested by the defendants.