SURJINA REBELO Vs. MALCOM REGINALDO ANTAO

JUDGEMENT

(1.) BY this Second Appeal, the appellants take exception to the judgment and decree dated 30th April, 1998 passed by Additional District Judge, South Goa, Margao by which Miscellaneous Civil Appeal No. 146 of 1993/I has been dismissed. By the impugned order, the appeal preferred by the present appellants against order dated 1st October, 1993 dismissing Regular Civil Suit no.1582 of 1960 has been dismissed on the ground that the suit was barred by limitation.

(2.) CIVIL Suit No. 5847 of 1950 was filed by Smt. Brigida da Silva Antao, the predecessor of respondent nos. 1 to 3 in respect of the property "Raurilem ". In the said suit which was filed under Portuguese Law, the plaintiff sought permanent injunction restraining late Baldomero Rebelo from interfering with the possession in respect of the suit property and application for temporary injunction was also filed in the said suit which was granted pursuant to which certain coconut trees existing in the suit property were enjoyed by the plaintiff therein.

(3.) LEARNED Additional District Judge held that the suit was barred by limitation having been filed after three years from 18 November, 1971.