Authority: High Court of Bombay at Goa

Order Date: 30 October 2026

Case Overview

  • Appeal filed by Vithu Shiva Pal and another (Appellants) against Shree Devi Shantadurga Sagodkarin Charitable and Religious Trust (Respondent) and 25 others, challenging Order No. 50 of 2026 passed by the Civil Judge, Senior Division, ‘A’ Court, Bicholim.
  • The underlying Special Civil Suit No. 22/2020/A concerned a property of approximately 39,100 sq m situated in Survey Nos. 36/4 and 36/3, Village Bordem, Bicholim. The plaintiff claimed title based on an inscription recorded in the name of his great‑grandfather, Pundolica Goneca Pol.
  • The trial court examined the plaintiff’s title documents and a certificate from the Survey Department, but held that the documents needed to be proved in evidence before a title could be established.
  • Relying on the presumption under Section 105 of the Land Revenue Code, the trial court concluded that the occupants recorded in the survey (the Devasthan – Defendant No. 1 – and subsequent purchasers) had a prima facie claim, and therefore the plaintiff had not demonstrated a case for a temporary injunction to restrain the defendants from creating third‑party rights or alienating any part of the suit property.
  • The plaintiff was identified as a component of the Communidade Bordem, which had been a defendant in an earlier title suit filed by the Devasthan‑Defendant No. 1. A decree with consent terms was passed in that earlier suit, which the plaintiff did not challenge on the ground of non‑participation.
  • The trial court considered the plaintiff’s participation in the same Communidade and held that the consent terms were not required to be contested by the plaintiff.
  • The appellate court observed that the trial court had considered the material on record and its prima facie conclusions were not perverse or unsupported.

Final Outcome

  • The appeal is dismissed. No interference with the impugned order is warranted.
  • The trial court is directed to take written statements of the newly impleaded defendants on record and to complete the initial stages of the suit within three months from the date of this order.
  • The trial court should aim to record the plaintiff’s evidence and dispose of the suit by 31 December 2026.

Topics: Land Dispute, Court Order