MARIA FERNANDES Vs. ANTONIO RODRIGUES

JUDGEMENT

(1.) Heard Advocate Mr. Rivonkar for the appellants and Advocate Mr. Ferreira for the respondents.

(2.) By this Second Appeal, the appellants take exception to the judgment and decree dated 13/08/2003 passed by IIIrd Additional District Judge, Margao in Regular Civil Appeal No.36/2001 by which the appeal preferred by the appellants against the judgment and decree dated 02/03/2001 passed by Civil Judge, Senior Division, Margao in Regular Civil Suit No.454/2000/II (new), has been dismissed.

(3.) The appellants are the legal representatives of the original plaintiff Shri Caetano Fernandes, who filed the suit for declaration and injunction against Shri Antonio Rodrigues of whom the respondents are the legal representatives. The suit was for mandatory injunction and demolition of extension carried out to the house occupied by the defendant and also for perpetual injunction restraining the defendant from encroaching upon the suit property or the plinth area of the suit house. The plaintiff died during the pendency of the suit and his legal representatives were brought on record. The suit was contested by the defendant, who expired during the pendency of the suit and his legal representatives were brought on record.