STEPHEN F. DSOUZA Vs. MAREKEN FERNANDES

JUDGEMENT

(1.) The petitioner had initially approached the Trial Court by way of a Regular Civil Suit No. 33/96, seeking injunction in respect of a plot of land, which forms a large area of the property, alleging that the respondent/defendant is unauthorisedly constructing a house. By ex-parte order, this activity was stopped and finally by interim relief, as granted by the Trial Court, the defendant came to be restrained from putting up any construction, beyond the plinth area of the mundkarial house, as shown in the survey plan.

(2.) The defendant/respondent therefore felt that there was likely to be confussion and carried the matter in appeal before the District and Sessions Judge, Panaji being Misc. Civil Appeal No. 19/97.

(3.) The learned Addl. District Judge, Panaji decided the matter in favour of the defendant/respondent. The original plaintiff has, therefore, filed the present petition.