RADHAKRISHHA SHET Vs. VITHAL KRISHNA PARAB

JUDGEMENT

(1.) The Second Appeal is filed being aggrieved by the order dtd. 30/8/2018 passed by the District Judge, Panaji sitting at Ponda, on Civil Miscellaneous Application No.140 / 2017 filed under Sec. 5 of the Limitation Act, 1963 seeking condonation of delay of 1483 days in instituting the appeal, being aggrieved by the judgment and decree dtd. 24/5/2013 passed by the Civil Judge Junior Division at Ponda in Regular Civil Suit instituted by the Applicant and upon the suit having been dismissed.

(2.) I have heard learned Counsel Ms Susan Linhares for the Applicant, learned Counsel Mr Sanman Keny for Respondents No.1 and 2, Advocate U.R. Timble for Respondents No.3 and Advocate Vithal Naik for Respondent No.6.

(3.) The Applicant instituted a suit for permanent injunction, mandatory injunction and consequential reliefs by impleading the six defendants, claiming that the defendants without any right, title or interest to the land under his possession had encroached by raising illegal structures, being aware of the fact that the suit plot is owned, possessed and enjoyed by the plaintiff. It is in this background, it was prayed that the defendant shall be directed to demolish and remove all the four structures which were illegally raised in the suit plot and restore it to its original nature.