1. Heard Shri S. D. Lotlikar, learned Senior Counsel appearing for the Petitioners and Shri J. Vaz, learned Counsel appearing for the Respondent no. 1.

2. The above Writ Petition, inter alia, seeks to quash and set aside by a writ of certoriari or any other writ or direction, the Order dated 05.08.2011, passed by the learned Civil Judge, Senior Division, at Mapusa, in Execution Application No. 3/05/B.

3. Briefly, the facts of the case as stated by the Petitioners are that the Petitioner, who is the owner of a property bearing survey no. 311/3, situated at Anjuna Village, filed a suit in the Court of the learned Civil Judge, Senior Division, Mapusa, against the Respondent no. 1 seeking eviction of the house bearing no. 513, situated in the said property.

4. Upon service of summons, the Respondent no. 1 filed the written statement and opposed the said suit. On the basis of the pleadings of the parties, the learned Judge framed several issues one of them being as to whether the Respondent no. 1 proves that he is residing as a Mundkar in the suit house. As the Respondent no. 1 had already initiated proceedings before the learned Mamlatdar to claim to be a Mundkar, the trial of