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1995 Supreme(Bom) 43

T.K.CHANDRASHEKHARA DAS
Ubaldino Oliveira – Appellant
Versus
Sadanand Ladu Borkar, since deceased represented by him legal representation – Respondent


JUDGEMENT - T.K. CHANDRASHEKHARA DAS, J. :---Rule. By consent to be heard forthwith.

2. An obstructor in Execution Application No. 19/90 filed Civil Misc. Application No. 305/93 before the Civil Judge, S.D., Margao is the petitioner herein. The aforesaid application filed by the petitioner has been dismissed by the Executing Court by its order dated 11-10-1993. He filed an appeal against that order before the learned Addl. District Judge, South Goa, Margao as Misc. Civil Appeal No. 129/93 which was also dismissed by the Addl. District Judge by judgment dated 30th April, 1994. The petitioner herein challenges this order in this Revision Application.

3. The petitioner in brief contends that the respondent No. 1 Sadanand Ladu Borkar (since deceased) filed a suit as Special Civil Suit No. 155/82 against one Luis Vaz and the suit was decreed. Thereupon the aforesaid Sadanand Ladu Borkar filed execution application and the petitioner intervened as third party to obstruct the execution and this is how the impugned order came to be passed by the courts below. The petitioner's case is that by Agreement dated 11-10-1993 the judgment debtor in Special Civil Suit No. 155/82 (respondent No. 5) Sm














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