SHASHIKANT MONJU POROB DESSAI Vs. DOMINGOS MASCARENHAS

JUDGEMENT

(1.) Being aggrieved by the judgment passed by the District Court, South Goa, Margao in Regular Civil Appeal No.1 / 2009, thereby allowing the Appeal and rejecting the cross - objections, when the District Court had declared the suit of the Plaintiff to be dismissed by Page 1 of 16 17/3/2025 setting aside impugned judgment dtd. 11/11/2008, the Appellant who was the original Plaintiff has approached this Court.

(2.) I have heard learned Senior Counsel Mr R. G. Ramani for the Appellant and Mr Parikshit Sawant, learned Counsel for the Respondent.

(3.) During the pendency of the suit, the plaint was amended on 15/3/2005, giving reference to the order passed by the Additional District Judge South Goa Margao in Miscellaneous Civil Appeal 122/1993, dtd. 8/2/1995, an order restraining from extending the plinth area of the house beyond 76.50sq.mts which was existing at the relevant time and further restraining any further construction in the suit property. It was also pleaded that that the Plaintiff had filed an application under Order 39 Rule 2A of the CPC and the same was dismissed on the ground that the proceedings are to be treated in a different manner. In addition, an additional prayer was also inserted in the plaint which reads thus :