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2021 Supreme(Bom) 1808

MANISH PITALE
Manuel Pereira – Appellant
Versus
Maria Leticia – Respondent


Advocates appeared:
Valmiki Menezes, Advocate, F.E.Noronha, Advocate, J.P.Mulgaonkar, Advocate, Rupa Banaulikar, Advocate

JUDGMENT

MANISH PITALE,J.

1. This Writ Petition arises out of order dtd. 29/12/2011 passed by the Court of Civil Judge Senior Division, Panaji (hereinafter referred to as the Executing Court) in an application for execution filed by respondent Nos. 1 to 3 (Original decree holders), whereby an application filed on behalf of respondent Nos. 7 and 8 (Objectors) to the execution proceedings was allowed and it was directed that an enquiry under Order 21 Rule 101 of the Code of Civil Procedure (C.P.C.) would be undertaken. The petitioner and proforma respondent nos. 4, 5 and 6 are the original judgment debtors, who claim that the aforesaid application of the Objectors was not maintainable, which the Executing Court failed to appreciate.

2. Respondent Nos. 1 to 3 filed suit for recovery of possession and injunction against the petitioner and proforma respondent nos. 4 to 6, claiming that they were lawful co-owners of the suit property which they had inherited. They claimed that the petitioner and proforma respondent nos. 4 to 6 i.e. the original defendants had disturbed their possession in the suit property by cutting some trees therein, due to which a police complaint was filed and eventua

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