MARY MARTINHA DE Vs. BOSCO LARGOS COTTA

JUDGEMENT

(1.) Rule. By consent, heard forthwith.

(2.) This writ petition is directed against Order dated 18-2-2009 of the learned Civil Judge, Senior Division, Margao by which objections taken by the petitioner to the execution of the judgment/decree in Special Civil Suit No. 272/96/A, have been dismissed. Heard Shri S. M. S. Usgaonkar, learned Counsel on behalf of the petitioner and Shri A.F. Diniz, learned Counsel on behalf of the respondents.

(3.) The petitioner is the wife of Osier A. Jose De Monte Furtado, one of the judgment debtors in the said execution proceedings, and, who is respondent No. 6 herein, and who is the son of one Antonio Oscar and his wife. According to the respondent No. 1/Decree Holder, there was an agreement of sale dated 30-4-1984 between the said decree holder and four siblings, namely, Antonio Oscar and his wife, Antonio Blasco and his wife, Antonio Sergio and his wife and Helena and her husband. The said Helena and her husband have already executed the sale deed in favour of the decree holder. The suit against them was then withdrawn. The said Osier Furtado/respondent No. 6 herein was brought on record upon the death of the said Antonio Oscar and his wife as their legal representatives but his wife the petitioner herein was not brought on record. The defendants i.e. respondent Nos. 2 to 14 did not contest the suit and as such, the suit was decreed on 28-4-2000. Some of the other defendants in the said suit have conveyed their undivided share in the suit property to the decree holder (respondent No. 1) and thereafter they were deleted from the suit.