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2015 Supreme(Bom) 1563

C.V.BHADANG
Jency Leocadia Costae Pereira – Appellant
Versus
Aleixinho Fernandes – Respondent


Advocate Appeared:
Mr. J. J. Mulgaonkar, Advocate for the appellants.
Mr. C. A. Ferreira and Ms. Rechelle Almeida, Advocates for the respondents.

JUDGMENT

1. By this appeal, the appellants-original plaintiffs are challenging the judgment and order dated 20/12/2014 passed by the learned District Judge, South Goa, in Regular Civil Appeal No.68/2003, thereby confirming the dismissal of the Regular Civil Suit No.31/01/III by the learned Adhoc Senior Civil Judge, Margao.

2. On hearing the learned Counsel for the parties, I find that the following substantial questions of law arise in the appeal :

(i) Whether the Civil Court would have jurisdiction to entertain a suit for declaring the orders passed by

(ii) Whether Section 31(2) of the said Act would bar jurisdiction of the Civil Court to entertain any suit, seeking a declaration that the orders passed by the Mamlatdar (or other authorities under the said Act) be declared as null and void ?

3. The parties were put to notice about the aforesaid substantial questions of law. The learned Counsel for the parties have advanced their arguments on the same. Accordingly, the appeal is being finally disposed of on merits.

4. The brief facts, necessary for the disposal of the appeal, may be stated thus :

That property better known as 'Novangully Dando' situated at village Varca, Taluka Salce





















































































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