1 IN THE HIGH COURT OF BOMBAY AT GOA SECOND APPEAL NO. 73/2006 Namdev Ganesh Naik, major of age, resident of Volvoi, Saterbhat, Ponda, Goa. ......... Appellant. V/s. 1. Smt. Lokmudra Datta Tari, widow of late Datta G. Tari, housewife, 2. Shripada Datta Tari, son of late Datta Tari, major, 3. Ganasham Datta Tari, son of late Datta Tari, major, 4. Mahadev Datta Tari, son of late Datta Tari, major, 5. Rajendra Datta Tari, late Datta Tari, major, 6. Hari Datta Tari son of late Datta Tari, major All resident of House No. Volvoi, Ponda, Goa. 7. Narayan G. Tari (since deceased) through his heirs and L.Rs. 7(a) Premanand N. Tari, major 7(b) Smt. Premanand Tari, both residents of Ramnagar, Londa, Karnataka. 8. Nilconta R. Shet, major (since deceased) through his heirs/L.Rs. 2 8 (a) Shri Pratap Nilconta Shet, son and his wife; 8(b) Smt. Pratap Shet, daughter-in-law, both r/o. New Wadda, Behind Santoshi Maa Temple, Vasco da Gama, 9. Shantaram R. Shet, major, 10. Krishnanath S. Tari (since deceased) through his heirs and L.Rs. 10. (a) Jagjivan Krishnanath Tari, 10. (b) Smt. Janki Jagjivan Tari all residents of House No.72, Volvoi, Ponda-Goa. 11.Raghuvir Surya Shet, major (since deceased) through his heirs/L.Rs. 11(a) Shantaram Raghuvir Shet son and his wife 11(b) Smt. Shantaram Shet, daughter-in-law both near Sateri Temple, Corlim, Mapusa, Bardez, Goa. 11(c) Smt. A.K. Phadte, daughter and her husband; 11(d) Adv. A. K. Phadte, son in law, practising from Shalini Bldg., 3rd Floor, Mapusa, Bardez, Goa. ........ Respondents. Mr. Valmiki Menezes, Advocate for the appellant. Mr. Guru Shirodkar, Advocate for the respondents No.1 to 6, 7(a), (b) and 10(a) and 10(b). CORAM : S.A. BOBDE, J. DATE : 29th March, 2007. ORAL JUDGMENT : Heard. Admit. Taken up for final disposal by consent. 3 2. After hearing the matter for sometime, the following order is passed by consent : The Judgment in appeal and the Judgment of the trial Court are, hereby, set aside in view of absence of any clear discussion of evidence pertaining to the possession of the suit property. The matter is remanded to the trial Court for fresh decision in accordance with law. All the issues are left open. Order accordingly. S.A. BOBDE, J. ssm.