(1.) THE above two appeals can be conveniently disposed of by common judgment as they pertain to the same subject -matter.
(2.) HEARD Mr. Usgaonkar, learned Counsel appearing on behalf of the appellants. None present for the respondents, though they have been duly served after admission, in both the appeals.
(3.) THE Second Appeal No. 9/09 is directed against the judgment and decree dated 16/10/2008 passed by the learned District Judge - 4, South Goa, Margao (First Appellate Court, for short) in Regular Civil Appeal No. 88/2008. The said Regular Civil Appeal No. 88/2008 was filed against the judgment and decree dated 29/04/2008 passed by the learned Civil Judge, Junior Division, Quepem (Trial Court, for short) in Regular Civil Suit No. 46/96/B. The appellants were plaintiffs and the respondent was defendant in the said suit.