LAURA ALFONSO FERNANDES Vs. MARIA ASSOCIANO QUITERIA SANTIAGO

JUDGEMENT

(1.) HEARD Mr. Menezes, learned Counsel for the appellants and Mr. Pangam, Learned Counsel for the respondents.

(2.) BY this appeal, the appellants take exception to the judgment and decree dated 13th November, 2002 passed by the Additional District Judge, Mapusa in Regular Civil Appeal No.44/2000 by which the appeal preferred by the respondents herein against the judgment and decree dated 21st January, 2000 passed by the Civil Judge, Junior Division, Mapusa partly decreeing the suit, was dismissed. However, the lower appellate Court granted additional relief of declaration sought for by the respondents / plaintiffs that they were never tenants either of the appellants herein or the predecessors.

(3.) IN the Course of hearing of the appeal, it has come to my notice that during pendency of Regular Civil Appeal No.44/2000 before the Additional District Court at Mapusa, appellant no.1 therein Maria Associana Quiteria Santiago expired and the application dated 19th July, 2000-exhibit 6 was filed on behalf of appellant no.2 ? Peter francis Fernandes to bring on record Smt. Filomina Peter Fernandes, who according to appellant no.2 was legatee of deceased in terms of Will dated 8th December, 1987 executed by deceased appellant no.1. The record further discloses that the lower appellate Court passed an order to issue notice. However, the record further discloses that actually no noticed was issued on this application and without deciding the said application, the appeal was disposed of by the lower appellate Court on merits. It is also pertinent to note that in the impugned judgment, the name of Maria Associana Quiteria Santiago, who was already deceased, figures. Therefore, it is clear that the lower appellate Court proceeded with the appeal without deciding the application dated 19th July, 2000 which was required to be decided by the lower appellate Court before taking up the appeal on merits.