VASSUDEV NENE Vs. DATTATRAYA RAGHUNATH JOG

JUDGEMENT

(1.) THIS is a revision application against the Order dated 31st October, 1998 passed in Misc. Civil Appeal No. 69/92 by the Addl. District Judge, Mapusa. By the impugned order, the lower Appellate Court has allowed the appeal filed by the respondent herein against the order of the trial Court and has restrained the petitioner and their agents from disturbing the possession of the respondent over the suit property pending disposal of the suit. The trial Court by its Order dated 24-4-1992 passed in Civil Misc. Application No. 12/92 in Regular Civil Suit No. 7/92 had dismissed the application of the respondent herein.

(2.) THE matter pertains to the property bearing Survey No. 9/1 in the village of Sonal in Sattari Taluka and admittedly belonging to the family of Kamat from Sanquelim. The property comprises of arecanut trees, coconut trees, mango trees and other fruit bearing trees besides cashew grove, rubber plantation, sugarcane plantation and other jungle trees.

(3.) IT is the case of the respondent that the suit property is enjoyed and possessed by him for the last several years and the petitioners who were having agricultural property adjoining the suit property while trying to lay a false claim over the suit property, made attempts to pluck the cashew trees and therefore the respondent was compelled to file the suit and to seek for interim relief.