1.heard shri s. D. lotlikar, learned senior counsel appearing for the petitioner and shri j. E. coelho pereira, learned senior counsel appearing for the respondents.

2. rule. Heard forthwith with the consent of the learned counsel. Learned counsel appearing for the respondents, waive service.

3. The above petition challenges the order dated 12/03/2009 passed by the learned civil judge, senior division, in execution application no. 5/1999/b, whereby the execution proceedings initiated by the petitioner came to be dismissed.

4. Briefly, the facts of the case are that the petitioner filed a civil suit bearing no.75/1976/b, in the court of the learned civil judge, senior division at panaji, for declaration and permanent injunction in respect of an immovable property consisting of two pieces of land adjoining one another known as 'horta de seminario chorao' or 'quinta de s. Januario ou jeronimo', registered in the land registration office of ilhas, under no. 276 and 407 and enrolled in the taluka revenue office under nos. 2510 and 2216 situated at chorao village of ilhas taluka, admeasuring about 39525 square metres, which is surveyed in the record of rights under survey no.172, su