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2018 Supreme(Bom) 2692

C.V.BHADANG
Pramila Prabhakar Arlekar – Appellant
Versus
Antonieta Adelina Temudo – Respondent


Advocates Appeared:
Shivan Desai, Adv., J.E. Coelho Pereira, Adv., V. Korgaonkar, Adv.

JUDGMENT

C. V. Bhadang, J. - Rule returnable forthwith.

    The learned counsel for the respondent nos.1 to 4 waives service.

      Heard finally by consent of parties.

      2. It is easier to obtain a decree, than to get it executed.

      3. The late parents of the respondent nos. 1 to 4 (decree holders) filed Regular Civil Suit No.84/1998 against the fifth respondent, for eviction and possession of a house bearing no.407/A (Old House no. 407) situated in survey no. 4/7 at Calangute, Bardez, Goa. The fifth respondent, who was the defendant, in the suit, raised a plea of mundkarship. The trial court framed an appropriate issue and it was referred to the Court of Mamlatar at Mapusa. The case made out by the fifth respondent was that he was a mundkar in respect of the suit house, in which he was residing along with his family members. The petitioners herein happen to be the wife and the daughter of the fifth respondent.

      4. The learned Mamlatdar decided the issue in the negative on 31/12/1990 holding that the fifth respondent was not the mundkar of the suit house. The fifth respondent unsuccessfully challenged the said order initially before the Additional Collector and thereafter before the Administrativ

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