N.A. Britto. J.

Rule. By consent, rule is heard forthwith.

2. The petitioners are the judgment debtors in execution proceedings bearing No. 29/1994, arising from RCS No. 293/1991/D, and are admittedly the mundkars of the respondents. In this petition, the petitioners, (JDs for short), challenged the orders dated 29.9.2005 and 13.4.2006 of the learned Civil Judge, Junior Division. Margao, in the said Execution Proceedings. In fact it has been submitted on behalf of the respondent (OHs for short) that the JDs did not challenge the first order dated 29.9.2005. by which the learned executing Court d had ordered a Commissioner to be appointed to demarcate the area of the house admeasuring 120 square metres and cowshed of 23 square metres and only when by subsequent and consequential order was made appointing Shri Moniz, a Civil Engineer as a Commissioner, that this petition has been preferred by the JDs. Some bare facts are required to be stated to dispose of this petition.

3. By order dated 31. 10.1988. the JDs were declared the mundkars of their dwelling house bearing No. 1155, situated in survey No. 19/1 of Village Curtorim, to the extent of 143 square metres in area i.e. 120 square metres of the house and 23 square metres of the cowshed.

4. Subsequently, the decree holders filed RCS No. 293/91/D, against the JDs. which was partly decreed by the trial Court but in appeal was decreed in toto as a result of which the JDs were ordered to demolish the structures/constructions beyond the area of 120 square metres of the house. The judgment/decree of the learned Civil Judge. Junior Division in RCS No. 293/91/D, as confirmed in RCA No. 38/92, has become final as no further proceedings against the same were taken and as a result the decree holder initiated Execution Proceedings to carry out the demolition of the structures/constructions beyond the plinth area of the dwelling house of the JDs. admeasuring 120 square metres as per the decree. In the said proceedings that the order dated 29.9.2005 came to be made by the learned Civil Judge. Junior Division in which the learned Civil Judge ordered the appointment of a Commissioner to demarcate the said area of the house admeasuring 120 square metres and cowshed of 23 square metres and by the subsequent order appointed Shri Moniz a Civil Engineer for the said purpose.

5. On or about 28.5.1999, the JDs had filed an application to the Mamlatdar. Margao, under Section 16 of the GDD Mundkar (Protection from Eviction) Act, 1975. ('Act' for short), for purchase of an area of 5 metres around their dwelling house. At this time it is conceded that the JDs showed the area of their dwelling house as 120 square metres and 23 square metres of their cowshed. However, the learned Mamlatdar by his order dated 7.4.2004, was pleased to hold that the area of the mundkarial dwelling house of the JDs was 210 square metres and open land i.e. 5 metres around the house, was 227 square metres and. Therefore, the JDs were entitled to purchase an area of 437 square metres. This finding was based on a plan drawn by a surveyor after inspection. The DHs carried an appeal against the said order of the mamlatdar dated 7.4.2004 to the Deputy Collector and SDO. Margao, and the learned Deputy Collector was pleased to set aside the said order and remand the case to the mamlatdar with a direction to correct the plan after deciding about the structure of the JDs. which is projecting outside the demarcating area. The learned Deputy Collector also directed the mamlatdar to take note of a circular issued by the Revenue Department dated 17.3.2004. Against the said order of the learned Deputy Collector the JDs have preferred a revision before the Administrative Tribunal, which is pending.

6. The learned counsel Shri Sawaikar, on behalf of the JDs has submitted that the issue of the extent of the mundkarial house of the JDs is pending before the Revenue Authorities and so also the application filed by the JDs for purchase, and in s