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2017 Supreme(Bom) 166

C.V.BHADANG
Benedito (Betty) Dias alias Benidict Dias – Appellant
Versus
Armando Benedita Fernandes (through LR's) – Respondent


Advocates Appeared:
For the Petitioners:Shri Guru Shirodkar with Ms. Varsh Parab, Advocates.
For the Respondents:Smt. Anarkali Agni, Sr. Adv. with Ms. Aditi Kamat, Advocate.

JUDGMENT :

The challenge in this petition, at the instance of the petitioners/judgment debtors, is to the order dated 24.08.2010, passed by the Executing Court in Regular Execution Application No.4/2003/D. By the impugned order, while rejecting the objection of the petitioners, the Executing Court has directed execution of the decree as prayed, including demolition of the structures existing in survey no.69/1 of village Cortalim, Goa.

2. The respondents/decree holders have obtained a decree against the petitioners on 29.08.1990, in the following terms :

“That the suit is decreed and the defendants are declared as trespassers in respect of suit property. Consequently, they are directed to demolish the mud structure admeasuring 15 square metres and two huts admeasuring 5 square metres each and extended portion of the suit structure admeasuring 10-12 square metres and hand over vacant possession of the same. That the defendants, their servants, family members, are also permanently restrained from interfering with the suit property, in any manner. In the circumstances of the case, parties shall bear their own costs.”

3. It is undisputed that the aforesaid decree was challenged in appeal, b



















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