ANUSUYA NAKUL NAIK AND 4 ORS. v. SITABAI RAMA NAIK(DECEASED)REPRESENTED BY HIS LR'S AND 3 ORS.
SA/29/2007 · 2025-03-20
Smt Bharati H Dangre
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36089 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36089 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
SA-34-2002 W SA-29-2007
20th March 2025
Maria S.
IN THE HIGH COURT OF BOMBAY AT GOA
SECOND APPEAL NO. 34 OF 2002 WITH CIVIL APPLICATION NO.207 OF 2002
Sitabai Rama Naik Versus Anusuya Nakul Naik. … Appellant
… Respondent
WITH CIVIL APPLICATION NO.207 OF 2002 IN SECOND APPEAL NO. 34 OF 2002
Sitabai Rama Naik (dec.) And Ors. Versus Anusuya Nakul Naik. … Applicant
… Respondent
WITH SECOND APPEAL NO. 29 OF 2007 WITH CIVIL APPLICATION NO.47 OF 2007
Anusuya Nakul Naik And 4 Ors. Versus Sitabai Rama Naik (deceased) represented by his LRs and 3 Ors. … Appellants
… Respondents.
Mr. Sandesh D. Padiyar, Senior Advocate with Mr Prayash P. Shirodkar and Ms Akshata Rane, Advocates for the Appellant/Applicant in SA/34/2002 and for Respondent in SA/29/2007.
Ms Laxmi Sawant, Advocate for the Appellant/Applicant in SA/29/2007 and for the Respondent in SA/34/2002. 2025:BHC-GOA:524
SA-34-2002 W SA-29-2007
20th March 2025
CORAM : BHARATI H. DANGRE, J.
DATED : 20th MARCH, 2025
In continuation to the order dated 17.03.2025 with reference to the Court Commissioner's report dated 21.03.2023, learned Counsel for the Appellant in Second Appeal No.29/2007, categorically submit that she has no dispute about the fact that the property has been equally demarcated. She, however, insist and submit that the entry to the house of the Respondent is through the house of her client and this may pose some difficulty.
She would also submit that in the past there was a mutual arrangement between the parties to allow a 1mtr road for accessing the house of the Respondent.
2. As per the report of the Commissioner, which has already been placed on record, he has demarcated the boundaries and divided the property between both the Appellants as indicated in the plan, the long-drawn dispute between them deserve to be put to an end, with the expectation that whatever concern has been expressed by the learned Counsel for the Appellant in Appeal No.29/2007 shall be mutually resolved between the parties.
SA-34-2002 W SA-29-2007
20th March 2025
3. With the aforesaid observations, Second Appeal No.34/2002 as well as Second Appeal No.29/2007 are
disposed of in the wake of the report of the Commissioner submitted to this Court on 21.03.2023.
4. In the wake of the disposal of the Appeals, all pending Civil Applications also stand disposed of.
Signed by: MARIA SUZANA REBELLO Designation: Personal Assistant Date: 21/03/2025 13:50:59