SELVA RAJU NADAR Vs. MARIANO MESQUITA

JUDGEMENT

(1.) Rule made returnable forthwith. The learned Counsel for the respondents waives service. Heard finally by consent of the parties.

(2.) The petitioners herein are the original defendant nos. 2 to 6, while the respondent nos. 1 to 13 are the original plaintiffs. For the sake of convenience the parties are referred to in their original capacity. The plaintiffs filed Special Civil Suit No. 16/2013, against petitioners and others for permanent and mandatory injunction. The subject matter of dispute is 16,168 square metres of land out of survey no. 60/2 (old matriz no. 786) of the property known as Um Terreno Oiteral Aforado situated at Sancoale.

(3.) The case made out in the plaint is that the larger area bearing matriz no. 786 situated at Sancoale, Dabolim Village, Mormugao, was belonging to Shri Marcal alias Joao Paulo Mesquita, who died intestate leaving behind his moiety holder, Smt. Joaquina Mesquita (defendant no. 1). Marcal Mesquita sold 3,932 square metres of land to Shri Domingos Dias vide sale deed dated 05.03.1969, while an area admeasuring 2,500 square metres was sold to Smt. Vasanti Lotlikar on 04.09.1969. Marcal Mesquita sold the remaining land from out of said property vide sale deed dated 18.02.1970 to Shri Sheikh Shirajuddin and others (defendant nos. 7 to 41). The present petitioners claim to have purchased 16,168 square metres of land from Shri Sheikh Shirajuddin under sale deed dated 21.07.2011.