ANNIE FERNANDES Vs. ANTONIO MENDES

JUDGEMENT

(1.) This appeal is preferred against the judgment and decree dated 18.4.2012 passed by the District Judge-1, Panaji, in Regular Civil Appeal No. 308 of 2010, thereby upsetting the judgment and decree dated 6.5.2010 delivered by Civil Judge, Jr.Dn., Panaji, Goa, in Regular Civil Suit No. 147/99/C.

(2.) Appellant is the original plaintiff no. 2 and respondent is original defendant. A Civil Suit for permanent and mandatory injunction was filed by the appellant together with one Hemlata Shetkar, original plaintiff no. 1. The original plaintiff no. 1 during the pendency of the proceedings before the lower Court compromised the matter with the defendant and, as such, the judgment and decree came to be passed after consideration of the evidence and hearing of the arguments of both the sides only in favour of the appellant.

(3.) It was the case of the original plaintiffs including the appellant that the plaintiff no. 1 was the owner of Plot No. 98 of the Palm-grove property known as "Fondvem", situated at Ribandar, within the municipal area of Panaji, admeasuring 800 sq. metres, wherein plaintiff no. 1 had a dwelling house and that the respondent owned a property bearing Chalta No. 146, P.T. Sheet No. 15. This property was purchased by the appellant's father-in-law Manuel Fernandes vide sale-deed dated 31.12.1932 from one Luisa Maria Rodrigues and it was admeasuring 608 sq. metres. Both these properties were distinct and separate properties and the boundaries of these properties have been more particularly described in the plaint.