R.M. Savant, J.

This petition arises out of an order passed in the execution proceedings filed by the petitioners who are the original plaintiffs herein for execution of the decree passed in Regular Civil Suit No. 127/82/F. By the impugned order, the said execution application filed by the petitioners has been dismissed on the ground that the decree passed in the said suit is a nullity.

2. The facts giving rise to the filing of the above petition can be stated thus :

The petitioners herein are the owners of the property known as "Madel" situated at Curtorim, Salcete, Goa, which was allotted to the petitioners by deed of partition registered before the Notary Public. In the property exists a residential house and a mundkarial house (suit a house bearing No. 1124). The said mundkarial house was in occupation of one Jose Francisco D' Silva since prior to 1977 as a Mundkar of the petitioners and after the death of the said Jose in October 1977, the respondent No. 1, herein who is the wife of the said Jose succeeded him. It appears that sometime in the year 1980, the petitioner found that the respondent No. 2. Shri Naik, was residing illegally and without authority in the said