VISHWANATH GANU DABOLKAR Vs. ANANT B NAIK

JUDGEMENT

(1.) On 26/9/2006, this Appeal was admitted on the following substantial questions of law:

(2.) The brief facts necessary for the disposal of the appeal may be stated thus: That the appellant (original plaintiff) filed Regular Civil Suit No.146/98/E (Old Regular Civil Suit No.111/90/D) against the respondents for permanent injunction. The subject matter of dispute happens to be a land admeasuring 584 sq.mtrs bearing survey no.3/1 situated at Nerul Bardez-Goa (hereinafter referred to as the suit property). According to the appellant, he has purchased the suit property from one Surendra Pandhari Naik on 25/5/1981 and the sale deed is registered with the Sub Registrar at Panaji on 15/7/198 The appellant had a tea shop in the suit property which was constructed by the appellant at his own expense and he was running the same for many years prior to the filing of the suit. Adjacent to the tea shop, there is also a store room./shop constructed by the predecessor, Mr. Surendra Naik.

(3.) On 10/4/1990, the appellant noticed that the respondent had brought some construction material on the site which led the appellant to file the suit seeking injunction against the respondents from reconstructing the suit shop and from interfering with the suit property in any manner. The appellant had also filed an objection before the Village Panchayat of Verem and before the Panaji Planning and Development Authority, requesting them not to issue licence/No Objection Certificate (NOC) to the respondent for construction.