- (1.) Heard learned counsel for the parties.
(2.) The petitioners instituted a suit in representative capacity under Order 1 Rule 8 CPC against the respondents for permanent prohibitory injunction restraining them from encroaching upon the suit property which, according to the plaintiffs-petitioners, is plot no. 135 recorded as manure pit (Khad Ka Gaddha) in the revenue records. According to the plaint case the villagers have installed an idol of Maa Durga over a portion of the suit property. It is alleged that the respondents have illegally constructed a building of Junior High School over adjoining plot no. 134 and they now intend to encroach upon the suit land.
(3.) The suit was contested by Goan Sabha who is defendant no. 2 in the suit by filing a written statement in which, it was pointed out the school building exists over Gata No. 134 which is Goan Sabha property. The manure pit exists over Gata No. 135. The defendants stated in the written statement that they do not intend to make any encroachment or constructions over Gata No. 135 which is recorded in the revenue record as a manure pit.;