VASUDHA VASANT DABHOLKAR Vs. SUDESH GOVEKAR

JUDGEMENT

(1.) Obstructionist has preferred this Second Appeal against the Judgment and Order dtd. 5/3/2022 passed by the learned District Court by which, order and decree dtd. 14/12/2021, passed by the Court of Civil Judge, Junior Division 'F' Court at Mapusa, in the proceedings under Order 21 Rule 97 of the Code of Civil procedure was confirmed.

(2.) Brief facts of the case are as under :

(3.) Late Vassudev Govekar, father of plaintiff nos. 1 and 3, and defendant no.1, are brothers and the name of their father is late Jaganath Govekar. That, there exists a property known as "Deuladi " bearing survey no. 251/2 situated at Chinvar of Village Anjuna, Bardez Taluka, having an area 1000 square metre, which is a suit property. That property bearing Talhao number 168 of Communidade of Anjuna was acquired by father of plaintiffs' 1 and 3, late Shri Vassudev Govekar from Communidade of Anjuna under no. 131/1963 on 24/2/1970, as a permanent grant for the construction of the house. That towards the eastern side of the suit property, there exists a property bearing survey no. 251/4, wherein house no. 1653 of Jaganath Govekar was located. The said Jaganath Govekar is the grandfather of the plaintiff nos. 1 and 3. That late Vassudev Govekar had constructed an incomplete structure in the suit property. The said incomplete structure has been referred to as the 'suit house'. After the death of Vassudev Govekar, plaintiffs filed an Inventory Proceedings before the learned Civil Judge and the suit property with the suit house was taken on auction by them. Plaintiffs' case is that the defendants in their absence, demolished the suit house and in its place, started constructing a structure having 18 metres length and 12.20 metres width comprising of 419 square metres. In this backdrop, the plaintiffs filed the suit and prayed that defendant be restrained by permanent injunction as well as sought a mandatory injunction.