REMEDIOS FERNANDES Vs. ALFRED COSTA

JUDGEMENT

(1.) Heard Mr C.A. Coutinho with Mr Ivan Santimano for the appellant in both the appeals and Mr Sudin Usgaonkar, Senior Advocate, with Mr George Pereira and Ms Pooja Naik for the respondents in both appeals.

(2.) The learned Counsel for the parties agree that both these Second Appeals can be disposed of by a common judgment and order. They point out that Second Appeal No.35 of 2007 is directed against the judgment and decree dtd. 29/12/2006 made by the District Judge, South Goa (First Appellate Court) in Regular Civil Appeal No.14 of 2005 to the extent it upholds judgment and decree dtd. 31/12/2004 made by the Civil Judge Junior Division, Vasco (Trial Court) in Regular Civil Suit No.14/1997/D dismissing the appellant's counterclaim raised therein. The Second Appeal No.36 of 2007 is directed against the judgment and decree dtd. 29/12/2006 made by the First Appellate Court in Regular Civil Appeal No.13 of 2005, reversing the judgment and decree dtd. 31/12/2004 made by the Trial Court in the very same Regular Civil Suit No.14/1997/D.

(3.) Accordingly, these two appeals arise out of the Trial Court's decree dtd. 31/12/2004 in Regular Civil Suit no.14/1997/D by which the Trial Court had dismissed the suit and the counterclaim. The First Appellate Court, by the impugned judgments and decrees, has now decreed the suit but upheld the dismissal of the counterclaim. Hence, it is only appropriate to dispose of both these appeals by a common judgment and order.