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september 2011

Supreme Court of India · 2011-09-28

ANTONIO LOBO vs FELIX FERNANDES .

Citation / case number
SC 2006/10667
Court
Supreme Court of India
Petitioner
ANTONIO LOBO
Respondent
FELIX FERNANDES .
Author
JAGDISH SINGH KHEHAR R.M. LODHA
Bench
JAGDISH SINGH KHEHAR R.M. LODHA

Judgment text excerpt

The High Court of Bombay at Goa held that the plaintiffs' appeal for the demolition of structures 'C', 'D', and 'E' was barred by limitation, as the structures were constructed beyond the mundkarial area and the suit was filed after the statutory period. The Court upheld the Trial Court's order for the demolition of structure 'A' only, affirming that the limitation for restoration of possession is 12 years under the relevant provisions. The outcome was a partial allowance of the defendants' appeal, limiting the decree to structure 'A'.

ANTONIO LOBO vs FELIX FERNANDES . · Niyam