MARIANO SALLO ESTIBEIRO Vs. IDA ASSUMPTION

JUDGEMENT

(1.) Heard Mr. Nigel Da Costa Frias, who appears along with Ms. L. Sawant for the appellants and Mr. C.A. Coutinho, who appears along with Mr. Ivan Santimano for respondent Nos. 8 and 9.

(2.) The appellants are the original plaintiffs and respondent Nos. 8 and 9 are the defendants/legal representatives of the original defendants in Regular Civil Suit No. 41/2006/D instituted in the Court of Civil Judge, Junior Division at Margao. Accordingly, the appellants will be referred to as the plaintiffs and the respondents as the defendants, for purposes of this appeal.

(3.) The plaintiffs instituted the suit claiming a declaration that they have an easementary right of way or suit access by prescription through the defendants' property surveyed under No. 139/3, Village Macazana, Salcete, Goa, as shown in the sketch annexed to the Inspection Report dtd. 15/2/2006 of Engineer K.P. Prabhudessai. A perpetual injunction was also sought to restrain the defendants from blocking this right of way or suit access.