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march 1997

Supreme Court of India · 1997-03-14

KASHINATH S BANDEKAR & ORS. vs ATMARAM VASSUDEVA NAIQUE & ORS.

Citation / case number
SC 1990/77097
Court
Supreme Court of India
Petitioner
KASHINATH S BANDEKAR & ORS.
Respondent
ATMARAM VASSUDEVA NAIQUE & ORS.
Author
K. VENKATASWAMI A.S. ANAND
Bench
K. VENKATASWAMI A.S. ANAND

Judgment text excerpt

The Supreme Court addressed the procedural complexities in property disputes under the Portuguese Civil Procedure Code and the subsequent applicability of the Indian Civil Procedure Code in Goa. The Court held that the Judicial Commissioner had the authority to remand the case for further adjudication on possession and prescription issues, emphasizing the importance of evidence in determining ownership. The appeal was allowed, and the findings of the lower courts were upheld, reinforcing the principle that possession is a key factor in property disputes.

KASHINATH S BANDEKAR & ORS. vs ATMARAM VASSUDEVA NAIQUE & ORS. · Niyam