JUDGMENT:

1. Rule.

2. Rule is made returnable forthwith.

3. Both these matters are taken up for final disposal at the admission stage with consent of the parties.

4. Both these petitions are filed by the petitioners thereby challenging the orders passed by the First Appellate Authority dated 31.3.2022 in Miscellaneous Civil Appeal Nos.91 of 2016 and 36 of 2019. Petitioners are the original defendants in a suit filed by the Fr Antonio Barbosa (deceased) bearing Regular Civil Suit Nos. 317/2000/III(new) and 318/2000/III(new). In the said suits petitioners/defendants raised issue of tenancy and accordingly an issue to that effect was framed and the suit was kept sine die till the disposal of the decision of Tenancy Court on such issue.

5. Though initially the learned Civil Court did not refer to the tenancy issue immediately after framing it, such issue was referred to the Mamlatdar somewhere in the year 1997. However, it is a matter of record that sole plaintiff Fr Barbosa expired on 23.8.1995.

6. Matter was taken up before the Mamlatdar and subsequently sole defendant expired on 15.5.2005.

7. It so happened that though the suit was kept sine die and the proceedings were taken up before the