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2021 Supreme(Bom) 670

DAMA SESHADRI NAIDU
Shaikh Mohidin – Appellant
Versus
Octaviano Furtado & His Wife – Respondent


Advocates appeared:
Ashwin D Bhobe, Advocate, A. Fernandes, Advocate, Sudin Usgaonkar, Advocate, Ms Vinita Palyekar, Advocate

JUDGMENT

Dama Seshadri Naidu, J. - In 1982, the 1st and the 2nd respondents' predecessor filed Regular Civil Suit No.302/1982/D before Civil Judge, Junior Division, 'F' Court, Margao, against the petitioners' predecessor. The suit was for eviction and restoration of possession. Through judgment and decree, dated 31.07.1997-that is, 15 years later-the trial Court decreed the suit.

2. Aggrieved, the respondents filed First Appeal before the District Court, Margao. It too was dismissed. To illustrate the antiquity of this case, I may note that neither party is aware of the appeal number, much less when it was disposed of.

3. After the dismissal of the first Appeal, further aggrieved, the petitioners filed Second Appeal No.39/1998. This Court, through judgment dated 12.03.1999, dismissed it. Thus, the eviction proceedings, one would think, attained finality; but they did not.

4. Pending the Second Appeal, in 1997 the petitioners applied to the Mamlatdar, invoking the provisions of the Goa Mundkars (Protection from Eviction) Act, 1975. It was for registration and declaration that they had had the mundkarial rights over the 'dwelling house' and right to purchase it, too. Through an order, da

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