LAWS(BOM)-2013-5-77

YESHWANTRAO D CHOWGULE Vs. GOVERNMENT OF INDIA

Decided On May 10, 2013
Yeshwantrao D Chowgule Appellant
V/S
GOVERNMENT OF INDIA Respondents

JUDGEMENT

(1.) Both the above appeals are being disposed of by this common judgment, since they are inter-connected and the suit property claimed by the Government is the same, in both the suits.

(2.) First Appeal No. 238/2003 has been preferred by the legal representatives of Yeshwantrao D. Chowgule against the judgment, order and decree dated 09/06/2003, passed by learned District Judge South Goa, in Civil Suit No. 100 of 1981(New) / Civil Suit No. 08 of 1974(Old), whereby the said suit filed by said Yeshwantrao Chowgule against the Government of India; Government of Goa; Forest Officers of Goa Government (defendants no. 1 to 5), Comunidade of Balli (defendant no. 6) and one Chandulal Chotai (defendant no. 7) was dismissed.

(3.) First Appeal No. 45 of 2006 has been filed against the judgment, order and decree dated 03/03/2004, passed by the Learned Additional District Judge, South Goa, in Civil Suit No. 158/1981(New) / 04/1980(Old), whereby the said suit filed by Union of India, through Development Commissioner of Government of Goa, Daman and Diu against Uttam Balsu Dessai; Bhadru Balsu Dessai; Smt Laxmi Datta Dessai (defendants no. 1 to 3 who died and whose legal representatives have been brought on record) and Yeshwantrao D. Chowgule (defendant no. 4), came to be dismissed.