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2022 Supreme(Bom) 261

MANISH PITALE
Usha Kerkar – Appellant
Versus
Rajaram V. Kalangutkar (Deceased) through his LRs. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. P. Rao, Ms. M. Naik.
For the Respondents: Mr. S. Usgaonkar, Ms. Marie Rosette Pereira.

JUDGMENT :

MANISH PITALE, J.

1. The petitioners have challenged order dated 26.8.2020, passed by the Court of Ad-hoc District Judge-I, FTC, Mapusa, Goa (hereinafter referred to as the District Court), whereby an appeal filed by respondent no. 1 through legal representatives (hereinafter referred to as the contesting respondents) has been allowed and order passed by the Court of Civil Judge, Junior Division, Mapusa (hereinafter referred to as the Executing Court), has been quashed and set aside. The Executing Court had rejected the objections raised by the contesting respondents to the execution of the decree and warrants were issued.

2. The facts leading to filing of the present Writ Petition are that one Franklin de Mello i.e. predecessor of the proforma respondent nos. 2 and 3, filed an application for eviction of the predecessor of the contesting respondents from the property in question under Section 22(2)(a) of the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968. The application was filed on 26.2.1973, on the ground that the predecessor of the contesting respondents i.e. the tenant had failed to pay rent from February, 1967. The tenant filed a reply denying the existen

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