VINAY GANESH PRABHU DESSAI Vs. GOVERNMENT OF GOA

JUDGEMENT

(1.) The present Revision Application is filed by the petitioner/original defendant being aggrieved by the Order dated 11.01.2013 passed by the learned District Judge-2, South Goa, Margao in Civil Suit No. 24/2012/FTC/I, whereby the application dated 28.09.2012 of the petitioner and respondent nos. 2 to 10 (f) (original defendants) under Order VII Rule 11(d) of the Code of Civil Procedure (CPC, for short), for rejection of the plaint was dismissed.

(2.) It is submitted that there was one application dated 12.02.1982 under Section 14(3) of the Goa, Daman and Diu Land Revenue Code, 1968 (L.R. Code, for short) was moved before the Deputy Collector Margao, which came to be registered under No. LRC/TITLE/11/82. The said application was by the predecessor of the original defendants Mr. Narendra Atmaram Nadkarni, Mr. Naguesh Atmaram Sinai Nadkarni and Mr. Prabhakar Yeshwant Sinai Nadkarni, claiming that the property "Digalsorod" also know as "Digal" in Vichundrem village within the limits of Village Panchayat of Netravali in Sanguem and registered under No. 13361 of Book B-37 and in the Revenue office under Matriz No. 191 and 193 and surveyed under new Survey No. 51/1(part), 52/1 to 52/14 and 53/1(part) as their property.

(3.) The Deputy Collector and SDO at Quepem allowed the said application vide his judgment and order dated 21.09.2001. On 07.01.2002, the respondent no. 1, original plaintiff preferred an Appeal before the Administrative Tribunal from the order dated 21.09.2001 vide Revenue Appeal No. 75/2006. The said Appeal came to be dismissed by judgment and order dated 12.05.2011. On the same day i.e. on 12.05.2011, respondent no. 1 herein applied for certified copy, which was ready on 19.05.2011 and was delivered to respondent no. 1 on 23.05.2011.