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2023 Supreme(Online)(Bom) 24154

BOMBAY HIGH COURT
VALMIKI SA MENEZES, J
Manuel Rodrigues – Appellant
Versus
Davidinha Rodrigues e Dias – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Sudin Usgaonkar, Ms. Pooja Naik
For the Respondents: Mr. V. A. Lawande, Mr. Parimal S. Redkar

Table of Content
1. determining the maintainability of second execution applications. (Para 1 , 2)
2. arguments regarding the legal framework and historical context. (Para 5 , 10 , 11 , 12)
3. rights and powers of courts in executing decrees. (Para 15 , 16 , 21)
4. judicial decision on the second execution application. (Para 26)
5. conclusion and dismissal of the petition. (Para 27 , 28)

JUDGMENT :

1.This petition under Article 227 of the Constitution of India assails Judgment and Order dated 04.01.2019 passed by the learned District Judge-3, South-Goa at Margao passed in Misc. Civil Appeal No.99 of 2016, which dismissed the appeal of the petitioners. The impugned Judgment upholds Order dated 17.09.2016 passed by the Additional Civil Judge Senior Division at Margao in Portuguese Civil Misc. Application No.62/2016/I filed in Portuguese Civil Misc. Application No.80 of 2012 which dismissed the petitioners' application for seeking eviction of the respondents from the residential house and property. By the impugned Judgment and Order dated 04.01.2019 passed by the District Court, and Order dated 17.09.2016 passed by the Court of the Additional Civil Judge Senior Division at Margao, it has b

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