Z. A. Haq, J. - (1.) The Appeal arises out of the Judgment and Decree passed by the Adhoc District Judge, FTC-I, South Goa, Margao, in Civil Suit No. 160 of 2004 on 30.08.2007, by which the Suit filed by the original Plaintiff/Respondent, is decreed.
(2.) The relevant facts are as follows : The Appellants/Original Defendants had initiated proceedings under Article 14 (3) of the Goa, Daman and Diu Land Revenue Code, 1968, (hereinafter referred to as 'the Land Revenue Code, 1968'), before the Deputy Collector, praying that the holding under Survey no. 56/2 of Village Velim be re-surveyed and additional area admeasuring 227 square metres be amalgamated in the said survey holding and the area of the said holding be increased to 477 square metres. The learned Deputy Collector by the Order dated 24.10.2002, allowed the application filed by the Appellants/Original Defendants.
(3.) The Respondent/Original Plaintiff, challenged the above mentioned Order passed by the Deputy Collector by filing the Civil Suit as provided by the provisions under Article 14(4) of the Land Revenue Code, 1968. The learned Trial Judge proceeded with the matter and after conducting the trial, by the impugned Judgment, granted Decree to the Respondent/Original Plaintiff.;