(1.) Heard Mr.Sudin Usgaonkar, learned Senior Advocate with Mr.Shukr Usgaonkar and Ms Vinita Palyekar for the appellants and Mr.Ashwin Bhobe for respondent nos. 1(a) to 1(f) and Mr.Prayash Shirodkar for respondent no.2.
(2.) The appellants are the original plaintiffs and the respondents are the original defendants in Regular Civil Suit No.73/2002/E for a mandatory and permanent injunction requiring the original defendant no.1 Shriram Dharma Falari to vacate stall nos. 13 and 14, Mapusa Municipal Council and hand over their possession to the plaintiffs and for a permanent restraint on the said Shriram Dharma Falari from interfering with the suit stall nos. 13 and 14 after possession was delivered to the plaintiffs.
(3.) The appeal is now pursued by plaintiff no.1 (Bappa) and the legal representatives of plaintiff no.2 (Govind). Accordingly, they shall be referred to as the plaintiff nos.1 and 2 or collectively as the plaintiffs. The appeal is defended by the legal representatives of Shriram Dharma Falari (original defendant no.1). Accordingly, they shall be referred to as defendant no.1 or defendant. Defendant No. 2 is the Chief Officer of Mapusa Municipal Council, on whose behalf no submissions were made in the Second Appeal because the dispute predominantly concerned the plaintiffs and defendant no. 1.