JULIO DSILVA Vs. CAJETAN DSOUZA, REPRESENTED BY POA

JUDGEMENT

(1.) Heard Mr. A. D. Bhobe, learned counsel for the Appellants and Mr. J. Godinho, learned counsel for the Respondents.

(2.) The Appellants, who are the original plaintiffs, challenge the concurrent judgments and decrees made by the trial Court and the Appellate Court dismissing their Regular Civil Suit No.52/2003/A in which they had alleged encroachment by the Respondents (defendants) into the suit property to the extent of 9 and 18 square metres respectively.

(3.) The records show that initially, the trial Court, by judgment and decree dtd. 28/3/2014, had dismissed the suit and the counterclaim raised by the defendants. In Regular Civil Appeal No.47/2014 and the cross objections therein, the First Appellate Court, by judgment and decree dtd. 31/8/2015, set aside this decree and remanded the matter to the trial Court with liberty to the parties to seek the appointment of Commissioner.