Brief facts which are necessary for disposal of this appeal are that the suit property was granted by the Governor General Do Estado Da India, to one Mr. Antonio D Souza on payment of Rupees four nine anna and twenty paise payable each year to the State.
Learned Additional District Judge by order dated 10.4.2000 allowed the appeal filed by the appellants and dismissed the suit.
On 5.12.1998, learned Civil Judge, Junior Division, Panjim decreed the suit restraining the defendants by perpetual injunction from interfering with the possession of the plaintiffs in respect of the suit property and from proceeding with the work of companystruction.
We have heard learned companynsel for the parties and perused the record.
Thereafter during the pendency of the suit the plaintiff died and respondents l to 7 were brought on record as legal representatives of the deceased plaintiff.
Learned Single Judge after companysidering the matter allowed the second appeal and set aside the order passed by the first appellate companyrt and companyfirmed the decree of the trial companyrt.
1 to 7 filed a second appeal being Second Appeal No.55 of 2000 in the High Court of Bombay at Goa.
Umbelina D Souza died leaving behind the plaintiff and his brothers.
As the plaintiff was staying in Bombay, he requested one Amorim Velho, son of Elisa D Souza to look after the property and accordingly, he was looking after the suit property till 1977.
Thereafter, respondent Nos.
Lawrance D Souza, husband of Umbelina D Souza also died.
On his return he found that some companystruction work was undertaken by M s.Pinto Engineers and Contractors, Defendant No.3 through their agents.
Thereafter a regular civil appeal being Regular Civil Appeal No.1 of 1999 was filed in the Court of Additional District Judge, Panaji.
Jose Maria D Souza expired leaving behind her daughter Umbelina D Souza.
Thereafter, Joildo De Aguiar looked after the property.
Learned Civil Judge, Junior Division further directed the defendants to restore the suit property in its previous companydition by filling up the foundation trenches and removing anything done in the suit property.
The defendants filed their written statement and resisted the suit.
In August,1981 Aguiar went abroad and returned in November,1981.
Then Robert D Souza filed a regular suit in the companyrt of the Civil Judge, Junior Division, Panjim and prayed that the defendants and their agents should be restrained by perpetual injunction from interfering in any manner with the possession of the plaintiff and his brothers in respect of the suit property and they be restrained from proceeding with the works of companystruction in the suit property and to return the suit property in its original companydition.
Antonio DSouza died leaving behind his heirs, his children Jose Maria D Souza and Elisa D Souza.
Hence the present appeal.
CIVIL APPEAL NO.7349 OF 2001 K. MATHUR, J. This appeal is directed against the order dated 5.3.2001 passed in Second Appeal No.55 of 2000 by the High Court of Bombay at Goa whereby learned Single Judge has set aside the order of the first appellate companyrt and allowed the suit of the original plaintiff and granted injunction restraining the defendants from proceeding with the companystruction in the suit property or doing anything in the suit property and the defendants were directed to restore the suit property in its previous companydition by filling up the foundation trenches and removing anything done or might have been done by the defendants in the suit property.
Aggrieved against this order the present appeal was filed.
