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Francisco Fernandes vs Communidade Of Sirvoi . on 1 February, 2016

Bench: M.Y. Eqbal, Arun Mishra

     ITEM NO.36                                      COURT NO.9                            SECTION IX

                                        S U P R E M E C O U R T O F                 I N D I A
                                                RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (C)                                  No.2058/2016

     (Arising out of impugned final judgment and order dated 30/09/2015
     in SA No.6/2014 passed by the High Court Of Bombay At Goa)

     FRANCISCO FERNANDES AND ANR.                                                           Petitioner(s)
                                                                 VERSUS

     COMMUNIDADE OF SIRVOI AND ORS.                                                         Respondent(s)

     (With office report)

     Date : 01/02/2016 This petition was called on for hearing today.
     CORAM :
              HON'BLE MR. JUSTICE M.Y. EQBAL
              HON'BLE MR. JUSTICE ARUN MISHRA

     For Petitioner(s)                         Ms. Swati Singh, Adv.
                                               Mr. Raghav Shekhar, Adv.
                                               Mr. Ranjan Kumar,Adv. (Not Present)
     For Respondent(s)

                                 UPON hearing the counsel the Court made the following
                                                    O R D E R

The petitioners filed a suit against the respondents for declaration, correction of survey record and permanent and mandatory injunction with respect to the suit land. The said suit was dismissed by the trial court on the ground that the petitioners failed to establish their case. Being aggrieved, they preferred an appeal before the first Appellate Court which was dismissed. Thereafter, they filed a regular second appeal before the High Court. The High Court dismissed the second appeal. Hence, this special leave petition.

After hearing learned counsel appearing for the petitioners and perusing the record, we are not inclined to interfere with the concurrent findings of the three courts below. Accordingly, the special leave petition is dismissed.

                         (Sanjay Kumar-II)                                        (Indu Pokhriyal)
                          Court Master                                              Court Master