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2013 Supreme(Bom) 2007

F.M.REIS
Jaiwanti Narayan Kamat, (Since deceased) Through legal representative. – Appellant
Versus
Fr. Anacleto D' Mello – Respondent


Advocates:
Advocate Appeared:
For the Petitioners:Mrs. A.A. Agni, Advocate.
For the Respondents:Valmiki Menezes, Advocate.

Judgment :

Heard Mrs. Agni, learned Counsel appearing for the Petitioners and Shri Valmiki Menezes, learned Counsel appearing for the Respondents.

2. The above Petition, inter alia, seeks for a writ of certoriari or writ in the nature of certoriari to quash and set aside the Judgment and Order dated 13.05.2009 passed by the learned Administrative Tribunal and the Orders dated 05.01.2006 and 16.03.2004 passed by the learned Deputy Collector and S.D. O. Panaji, and the learned Joint Mamlatdar, Panaji.

3. Briefly, the facts of the case as stated by the Petitioners are that the Petitioners reside in a House no. E-119 situated at Goltim, Navelim, surveyed under no. 10/26 of which the Respondents are the owners/Bhatkars thereof. It is also the case of the Petitioners that in view of the consent obtained from the Respondents and due to deemed consent, they have been residing in the suit house since the year 1973 and, as such, on account of deemed consent, as no suit for eviction has been filed against them on the ground that they were trespassers, they are entitled to occupy the house as Mundkars. The Respondents filed a Civil Suit no. 222/1992, inter alia, claiming that the Petitioners h











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