ZILDA ANTONIO BRAS DE SA Vs. NARAYAN KAVLEKAR

JUDGEMENT

(1.) This appeal is directed against Judgment/Decree dated 8-7-2008 of the learned District Judge, Panaji.

(2.) The parties hereto shall be referred to in the names as they appear in the cause title of the suit. There is no dispute that the suit property surveyed under No. 74/2 situated at Torda in Village Salvador do Mundo belonged to Adriano Ernest Couto. There is also no dispute that the family of defendant No. 1 (defendant, for short) has a mundkarial house situated in the said property and which is shown on the survey plan. There is also no dispute that the suit structure admeasuring about 92 sq. metres is not shown on the said survey plan.

(3.) The plaintiff claiming to be the grand-daughter of the said Adriano and as such a co-owner of the suit property filed the suit, further claiming that the plaintiff had found on or about 31-8-2007 that the defendant was carrying out the said illegal construction and as such she complained by letter dated 31-5-2007 to the Village Panchayat and also sent a notice dated 1 -9-2007 to defendant Nos. 2, 3 and 4 (who are public authorities). Plaintiff, therefore filed the suit claiming for a declaration that the said structure was illegal and further praying for mandatory injunction to direct the defendant to remove the said structure. The plaintiff also prayed for the reliefs of permanent injunction against the defendant from carrying out any further illegal encroachment in the suit property and also prayed for a mandatory injunction to defendant Nos. 2 to 5 to exercise their statutory powers to remove the illegal construction put up by the defendant.