CATHERINE FERNANDES Vs. NANDAKUMAR M PAI

JUDGEMENT

(1.) HEARD Shri Joseph Vaz, learned Counsel appearing for appellants and Shri V. Parsekar, learned Counsel appearing for responsible No1. None present for respondent No. 2.

(2.) THE above appeal came to be admitted by an order dated 7th March, 2007, on the following substantial questions of law:

(3.) BRIEFLY , the facts of the case are that the respondent No. 1, original plaintiff filed the civil suit, inter alia, for a permanent injunction, restraining the defendants from encroaching upon and from carrying out any construction in the suit property surveyed under No. 72/18 of Village Arambol, Pernem Taluka and for a mandatory injunction to demolish the encroachment in the portion thereof. The claim of the respondent was disputed by the appellants by filing written statement, inter alia, contending that there was no encroachment carried out by the appellants. It was further the case of the appellants that a portion of the property belonging to the respondent was already acquired by the Government for the purpose of constructing a road. The learned Trial Court, after framing issues and recording evidence, decreed the suit filed by the respondent by judgment and decree dated 31st August, 2005. Being aggrieved by the said judgment and decree passed by the learned Trial Judge, the appellants preferred an appeal before the District Court, Panaji which also came to be dismissed by Judgment and Decree dated 12th January, 2006. Being aggrieved by the judgments passed by the Courts below, the appellants herein preferred the present second appeal, which came to be admitted on the aforesaid substantial questions of law.