FRANCISCO XAVIER FERRAO Vs. PROF. FILOMENO BONIFACIO DE

JUDGEMENT

(1.) The present appeal arises out of judgment, order and decree dated 6/8/2005 passed by the learned Adhoc Additional District Judge, FTC-I (trial Court, for short), in Civil Suit No. 92/2004 (New) or Regular Civil Suit No. 47/1997/II Addl. (Old). The appellants were the plaintiffs and respondents were the defendants, in that Suit.

(2.) The parties shall hereinafter be referred to in the manner in which they appear in the cause title of the said civil suit.

(3.) The original plaintiff had filed the said suit for permanent injunction and mandatory injunction. The first prayer was to restrain the defendant no.1, his family members, agents and servants from trespassing into the suit property or doing any tapping of the coconut trees or interfering with the same, in any manner. The second prayer was to direct the defendant no. 2 to remove the pots from the coconut trees standing in Chalta No. 7 of P. T. Sheet No.148 of Margao City Survey presently being tapped by defendant no.1 illegally and further to direct defendant no. 2 not to issue Excise licence to the defendant no. 1 or any other person for tapping the trees from the suit property without written consent of the plaintiff.