IN THE HIGH COURT OF BOMBAY AT GOA SECOND APPEAL NO. 57 OF 2008 SHRI. VITHOBA BABUSSO ADEL ... Appellant Versus SHRI. SUDHAKAR FOTTO DESSAI ... Respondent Mr. D. J. Pangam, Advocate for the Appellant. Coram:- N. A. BRITTO, J. Date:- 24th April, 2008 ORAL ORDER: Heard Shri Pangam, the learned Counsel on behalf of the appellant. 2. The appellant is the plaintiff in RCS No. 39/1996. The said plaintiff and the defendant had their respective houses in an area of 1,300 sq. mts. of survey no. 129/4. The plaintiff purchased the said area by a deed dated 27/05/1996. Earlier, the defendant had an agreement for sale dated 25/04/1968 in respect of 500 sq. mts. The defendant had his house which he has reconstructed. The plaintiff conceded that the defendant is a mundkar in respect of the said house. Both the Courts below have come to the conclusion that the plaintiff has failed to prove that the defendant had extended the area of his house and dismissed the suit filed by the plaintiff for injunction simpliciter. 3. The learned Counsel on behalf of the plaintiff submits that in terms of the agreement dated 25/04/1968, the defendant was not handed over the possession of the area of 500 sq. mts. agreed to be sold to him by the same owners, who sold subsequently an area of 1,300 sq. mts. to the plaintiff. It may be so. However, the fact remains that the construction sought to be done by the defendant has been completed and both the Courts below have come to the conclusion that there is no extension in the area of the house constructed by the defendant, which otherwise he was entitled in law, to reconstruct the same, since his status as a mundkar has been admitted by the plaintiff. It is not the case of the plaintiff that the defendant at present is extending his house further. If that is so, it may give the plaintiff a further cause of action. 4. At present, I find there is no merit in this Second Appeal. None of the questions framed as substantial questions of law arise in this Second Appeal. Appeal therefore is dismissed in limine. N. A. BRITTO, J. NH