ANANT SHRIRAM SAWANT Vs. VISHWANATH SAKHARAM NAIK

JUDGEMENT

(1.) Heard Mr V.A. Lawande for the Appellant and Mr Parag Rao for the Respondents.

(2.) The Appellants are the original Defendants and the Respondents are the original Plaintiffs (or legal heirs of the original Plaintiffs) in Regular Civil Suit No.33/1999, instituted in the Court of Civil Judge, Junior Division, at Pernem. Accordingly, the parties shall be referred to by their original description in the suit, in this Second Appeal.

(3.) The suit concerns the property known as "Amatvhal" surveyed under No.146/19 in village Torse, Pernem Taluka, admeasuring about 1250 sq. metres approximately (suit property). The Plaintiffs' case was that the suit property was co-owned, and yet, the Defendants commenced constructing a structure occupying almost 250 sq. Metres, having road frontage, thereby depriving the Plaintiffs and other co-owners of the use of the suit property, of which they were the co-owners. The plaint refers to all such acts of the Defendants as trespassing or depriving the other co-owners of free enjoyment of the portion upon which the Defendants commenced the construction. On a meaningful reading of the Plaint, the Plaintiffs' grievance was about ouster from this portion of the coowned suit property.