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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S.SONAK
Jose Antonio Damaciano Laticia Dias Mendes – Appellant
Versus
Mahadeo Laxman Nagzarkar (deceased) through his L.R.s. – Respondent
M. S. SONAK, J.
JUDGMENT:
1. Heard Mr. Godinho who appears with Mr. Manoj Jalmi for the Petitioner and Mr. Shivan Desai who appears with Ms. Aishwarya Thorat for the Respondents.
2. The Petitioner challenges the following orders by instituting this petition:
a) Judgment and order allegedly dated 02.08.2001, passed by the Mamlatdar of Salcete in Case No. MUND/30/90;
b) The Deputy Collector’s order dated 28.06.2002 dismissing the appeal against the Mamlatdar’s order dated 02.08.2001;
c) Administrative Tribunal’s order dated 04.07.2012, dismissing Petitioner’s Mundkar Revision Application No. 45/2004, questioning the above two orders.
3. The record shows that the Petitioner had filed Special Civil Suit No.141/86 (old) which is now registered as Regular Civil Suit No. 350/2000/C in the Court of the Civil Judge Junior Division at Margao, seeking the eviction of all the Respondents from the suit house and for restoration of the suit property.
4. In the said Civil Suit, the Respondents or their predecessors in title raised a defence that they were the Mundkars in respect of the suit house and, therefore, were entitled to the protection provided by the Goa, Daman and Diu Mundkars (Protection from
Sufficient cause for delay excusing late appeal can challenge decisions in eviction matters; jurisdictional errors in previous rulings warranted reinstatement of appeal.
The main legal point established in the judgment is the importance of timely and appropriate legal actions, the rejection of subsequent applications due to principles of res judicata, and the critici....
Claims of mundkarship must be substantiated and cannot delay execution proceedings if not directly related.
The Mamlatdar has the power to issue permanent injunction under section 5(2) of the Mamlatdar Courts Act to prevent future obstructions.
The court established that excessive delay in filing appeals, without sufficient justification, cannot be condoned, particularly in tenancy matters where the rights of tenants are protected under the....
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