1 IN THE HIGH COURT OF BOMBAY AT GOA CIVIL APPLICATION NO. 253 OF 2008 IN FIRST APPEAL NO. 242 OF 2008 Mr. Roghoba Alias Appa Arjun Shetgaokar and Anr. ... Applicants V e r s u s Mr. Pramod Rane through attorney Mathilda Jude Fernandes and 8 Ors. ... Respondents Mr. S. D. Lotlikar, Senior Advocate with Mr. Prasheen Lotlikar, Advocate for the Appellants. Coram :- A. H. JOSHI, J. Date :-29 th AUGUST, 2009. ORDER : 1. Heard. 2. The decree under appeal is stayed with direction which was in operation during pendency of suit; namely :- 1. Appellant - Defendant is restrained from carrying out any further encroachments in survey No.215/1, beyond the disputed portion shown by blue colour, in the plan prepared by Mahadev Tuenkar. 2 2. Plaintiff and defendant are restrained from carrying out any construction in the disputed portions, i.e. survey Nos. 215/1 and 215/2. 3. Defendant is permitted to use the existing well and pump house shown in an encroached portion in plan prepared by Sitakant Kamat. 4. Defendant is not permitted to pluck the coconuts of trees existing in the disputed portion. 3. Rule is made absolute in above terms. A. H. JOSHI, J. at*