Revisional Courts must avoid altering possession status at interim stages in property disputes, prioritizing public peace and the original proceedings' scope.

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 24.11.2020 against which there is a Revision Application filed under the Mundkar Act pending before the Administrative Tribunal of Goa which bears No. MUND/REV/APPL/NO.11/2021. There is no application in the nature of any interim relief to protect the possession claimed by the Respondent over the suit premises in any of these proceedings.

5. According to the Petitioner, since the Respondents trespassed over the property under Survey No.171/6 claimed by them, a complaint dated 21.01.2025 came to be filed with the P.I., Mandrem Police Station seeking intervention of the Police and filing of an FIR. A further complaint came to be made to the same Police Station on 23.01.2025, complaining of trespass by the Respondents over the said property, despite, according to the Petitioner, they having not succeeded in obtaining an order of declaration of their claim as mundkars over the house standing in the property. In both the complaints, the Petitioner has claimed to be in possession of the structure existing on the property. The second complaint alleges that the Respondents are threatening to dispossess the Petitioner of the property under Survey No. 171/6 and the structures standing thereon, and further alleges that there is serious apprehension of a law and order situation at the site.

6. On the basis of the Petitioner’s complaint dated 23.01.2025, the Deputy Collector and Sub-Divisional Magistrate recorded his satisfaction that there exists a dispute, likely to cause breach of public peace or tranquillity and may disturb the communal harmony in the locality, with respect to property under Survey No.171/6 of Village Morjim, and exercised jurisdiction under Section 164 of the BNSS , issuing notice to the parties i.e. both the Petitioner and the Respondents. This notice was issued on 29.01.2025 and was made returnable on 10.02.2025. After both the parties filed replies to the notice, the SDM passed an order dated 07.04.2025 disposing of the proceedings with the following observations:

“The Party No. I is entitled to be in possession of the property bearing Survey No.171 sub-division 6 of village Morjim. Pernem, Goa and the subject structure existing therein. The Party - II and any person claiming through or under them are hereby directed to not interfere with the possession of the Party - I in respect of the property bearing Survey No .171 sub-division