JUDGMENT/ORDER

1. Admit.

2. The matter was taken up for final disposal at admission stage itself with consent of parties.

3. Heard Shri Gaurish Agni with Advocate J.P. Supekar and N. D'Souza for the Applicants and Shri Sudhin Usgaonkar learned Senior Counsel with Shri Rui Gomes Perreira learned Advocate for the Respondents.

4. The applicant has challenged the impugned order dtd. 16/3/2019 passed by the learned Trial Court in Execution Application no. 26/2017 thereby postponing the question of maintainability of the execution proceedings on the ground that enquiry is necessary to decide such issue.

5. The applicant is the Judgement-debtor/Respondent in the said execution proceedings. The present Respondents are the Applicants.

6. The parties are hereinafter referred as the Applicants/Respondents as arrayed before the Executing Court for the purpose of convenience.

7. The Applicants who are the owners of the premises, filed an application as Rent Case no. 4/2017 before the Civil Court (the learned Rent Controller) under Sec. 30 of the Goa Buildings (Lease, Rent and Eviction) Control Act, 1968, with the prayer of eviction of the Respondent temporarily from the said portion/tenanted por