DATTA LAXMAN NAIK Vs. DAMODAR LAXMAN NAIK

JUDGEMENT

(1.) HEARD Shri Sudesh Usgaonkar, learned Counsel appearing for the appellants and Shri C. A. Coutinho, learned Counsel appearing for the respondents No.1 to 4.

(2.) THE above appeal came to be admitted by an order dated 21st September, 2007, on the following substantial questions of law :

(3.) SHRI Sudesh Usgaonkar, learned Counsel appearing for the appellants has submitted that the property is not divided nor partitioned by metes and bounds and, as such, according to him, the construction of a wall, a toilet and a kitchen by respondents, without the consent of the appellants, is not at all justified. The learned Counsel further points out that such an exercise would lead to a forced partition between the appellants and the respondents, detrimental to the interest of the parties.