CUSTODIO GAMA ALIAS KISTOD GAMA Vs. JOAQUIM GAMA
LAWS(BOM)-2017-2-307
HIGH COURT OF BOMBAY
Decided on February 10,2017

Custodio Gama Alias Kistod Gama Appellant
VERSUS
Joaquim Gama Respondents

JUDGEMENT

F.M. Reis, J. - (1.) Heard Mr. G. Shirodkar, learned counsel appearing for the appellants and Mr. S. S. Kakodkar, learned counsel appearing for the respondent nos.1(a) to (e), 4, 5(a) to (e) & 7.
(2.) The above appeal was admitted by an order dated 06.08.2010 on the following substantial question of law : Whether the Appellate Court has misconstrued the provisions of the Easement Act to come to the conclusion that the respondents have established a customary right of easement only based on the facts that the respondents are celebrating a feast and conducting litanies at the cross existing in the suit property ?
(3.) The challenge in the above appeal is to the judgment passed by the Appellate Court whereby the injunction granted by the learned Trial Judge inter alia restraining the respondents from interfering or putting any poles in the open space of land belonging to the appellants except to offer prayers, lighting of candles or attending litanies at the cross existing in the property of the appellants on the occasion of feast came to be set aside.;


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