(1.) This is an appeal by the original plaintiff against the judgment and order dated 06/06/2013 passed by the learned District Judge, North Goa, Panaji in Civil Suit No.51/2007. By the impugned judgment, the learned District Judge has rejected the plaint against the respondent / original defendant nos.19 to 22 under Order VII, Rule 11(a) and (d) of the Code of Civil Procedure (C.P.C., for short).
(2.) The brief facts, necessary for the disposal of the appeal, can be stated thus :
(3.) Joaquim Dias, the late father of the appellant had reported the matter on 02/08/2006 to various authorities, namely the Director of Mines and Industries, Panaji, Goa, Block Development Officer and the Town and Country Planning Department, Mapusa, Goa. The Senior Town Planner, Mapusa, Goa, had accordingly, issued a letter dated 04/08/2006 to P.I., Calangute Police Station asking to intervene in the matter. However, the illegal hill cutting activities, continued unabated and the appellant found that some of the migrants had also built houses in a portion of the property. On enquiry, the Secretary, Village Panchayat, Candolim, had informed on 29/09/2006 and 21/04/2007 that no permission/ licences were granted for construction of the houses in the said properties. However, subsequently, the appellant learnt that the Village Panchayat had allotted house numbers and had also issued N.O.C. for obtaining electric / water connection for the said illegal houses.