MARIA PEREIRA Vs. DOLOROSA CHRISTINA RODRIGUES

JUDGEMENT

(1.) Heard Mr. D'silva, learned counsel for the petitioners.

(2.) By this petition, the petitioners have challenged the order dated 24/11/2007 passed by the learned Ad-hoc District Judge 2, (FTC II), Margao (Appellate Court), in Regular Civil Appeal No. 48 of 2002.

(3.) Regular Civil Suit No. 32 of 1992 was filed by the respondents against the petitioners, for injunction. In that suit, it was claimed that Shri. Pedro Francis Fernandes, that is the predecessor in title of the respondents herein had, by sale deed dated 01/06/1939, purchased a property known as Propriedade De Cima Lote D and the said purchased land having shape of irregular polygon was admeasuring 3409 square metres and after purchase by Pedro Francis Fernandes the said plot came to be registered under Land Registration No. 36.756 and it was inscribed in his name under Inscription No. 31199. During the survey under the Goa Land Revenue Code, the said plot was surveyed under chalta no. 2 of P. T. Sheet no. 34 of City survey of Margao. That was the suit property. The petitioners were the defendants in that suit. They had denied the case of the respondents. However, the suit was decreed and the petitioners, their relatives, etc., were permanently restrained from interfering with the suit property. The respondents have filed Regular Civil Appeal No. 48/2002 against the Judgment and decree dated 31/12/2001. In this appeal, the respondents had filed an application dated 10/10/2007, under Order 26 Rule 9 and 10A of C.P.C.