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IN THE HIGH COURT OF BOMBAY AT GOA
Valmiki Menezes
Noberto Paulo Sebastiao Fernandes – Appellant
Versus
Pankaj Vithal Tan Volvoikar, Son of late Vithal Tari – Respondent
JUDGMENT :
Valmiki Menezes, J.
1. Registry to waive office objections and register the matter.
2. Rule. Rule made returnable forthwith. With the consent of the parties, petition is disposed of finally.
3. In this Writ Petition, the Petitioner takes exception to an order dated 23.07.2025 passed by the Additional Sessions Judge, Mapusa in a Criminal Revision Application No.47/2025, whereby an application at Exhibit D-17 of the file of the Sessions Court has been allowed. The facts relevant to arriving at a decision in this matter are as under:
4. The Petitioner claims to be the owner of property bearing Survey No.171/6 of Village Morjim. The Respondents had filed an application for declaring themselves as mundkars in relation to a house structure under House No.793 of Village Morjim before the Mamlatdar of Pernem. These proceedings bore Case No. MAM/PER/MND/2/2014. The Mamlatdar, by an order of 09.07.2019 has dismissed the application of the Respondents, seeking to declare their right as mundkars of the structure, against which they filed an appeal before the Deputy Collector and SDO at Pernem under Case No. DCP/MND/APL/3-7/2019. This appeal of the Respondents came to be dismissed on 24.1
Revisional Courts must avoid altering possession status at interim stages in property disputes, prioritizing public peace and the original proceedings' scope.
The supervisory jurisdiction of the High Court under Article 227 does not allow it to act as an appellate court; it corrects errors only when a grave injustice occurs due to procedural violations.
Point of law: Substitution of Tehsokdar by Assistant Commissioner demarcation - Justified - trial court while proceeding ahead with trail of case has directed Assistant Commissioner, Revenue, to effe....
Demarcation of the land - Semarcation of the land in question would in essence lessen the controversy involved in the case between the parties.
Once Section 145 CrPC proceedings declared infructuous due to subsisting civil injunction, Magistrate lacks jurisdiction for further possession orders. Such orders without notice violate natural just....
The definition of 'status quo' in legal terms encompasses both possession and user of property; alterations to this status trigger violation of court orders under Article 227.
Grant of injunction – Wherever proceedings are under CPC and forum is Civil Court, availability of a remedy under CPC, will deter High Court from exercising its Power of Superintendence.
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