NAVEEN SHANKER LOKURE Vs. NASCIMENTO MILGARES PEREIRA

JUDGEMENT

(1.) Heard Mr. Usgaonkar, learned Counsel appearing on behalf of the appellants and Mr. D'Costa, learned Senior Counsel appearing on behalf of the respondents no. 1, 2 and 10(a) to 10(d), 10(e) to 10(g).

(2.) This Second Appeal is directed against the judgment and decree dated 19/05/2009 passed by the learned District Judge-4, South Goa, Margao (First Appellate Court, for short) in Regular Civil Appeal No. 70/1999. The said Regular Civil Appeal No. 70/1999 was filed against the judgment and decree dated 29/04/1999 passed by the learned Civil Judge, Senior Division, Margao (trial Judge, for short) in Special Civil Suit No. 32/1972/A. The appellant was the defendant no. 2(a) and legal representative No. 1(a) of the original defendant no. 1, whereas the respondents no. 1 to 26 were the legal representatives of the original plaintiffs, in the said Civil Suit. Parties shall, hereinafter, be referred to as per their status in the said suit.

(3.) The original plaintiffs namely Jose Francisco Pereira and his wife Ana Francisca Dias had filed the said suit for a declaration that they are exclusive owners in possession of the property referred in paragraph (1) of the plaint, including the disputed area allegedly purchased by the defendants no. 1 and 2 namley Shankar Krishnappa Lokure and Shivagundappa Krishnappa Lokure from the defendant no. 3, namely Aniquinha Maria Apolonia Dias. The plaintiffs had also prayed for recovery of possession of the said portion and for declaration that the sale deed in favour of the defendants no. 1 and 2 is null and void and for payment of compensation, etc. Inter alia, the plaintiffs claimed that the original transferor of the suit property in favour of the defendants no. 1 and 2 i.e. the defendant no. 3 had no title to the suit property. By judgment and order dated 29/04/1999, the said suit was dismissed. Plaintiffs filed Regular Civil Appeal No. 70/1999 against the judgment and decree of the trial Judge.