CARONA ALDOBNA BARDEZ Vs. BRIAN LOUIS SEQUEIRA MAJOR

JUDGEMENT

(1.) HEARD Mrs. Agni, learned Counsel for the petitioner and Mr. Rivonkar, learned Counsel for the respondents.

(2.) BY order dated 7th October, 2010, parties were put on notice that this petition may be disposed of finally at the admission stage. Hence, Rule. Rule is made returnable forthwith.

(3.) BY this petition under Article 227 of the Constitution of India, the petitioner challenges the order dated 23rd September 2010 passed by Ad hoc Civil Judge, Senior Division, 'A' Court, Mapusa allowing the application dated 26th August, 2010 filed by the respondents seeking leave to produce report and the plan prepared by the Surveyor, Shri S. A. Dhuri. The respondents are the plaintiffs and the petitioner is the defendant in the suit bearing no. Regular Civil Suit No.197/99/A filed seeking reliefs of demolition and removal of illegal structure built by the defendant in the suit property. The plaintiffs have also claimed mesne profits and declaration that they have acquired easementary right by prescription to the suit service entry. The suit was contested by the defendant by filing written statement. The trial Court on the basis of the pleadings of the parties, framed the following issues :