SHRI ANTONIO FRANCISCO LIGORIO FERNANDES, AND HIS WIFE, Vs. SHRI INACIO FILIPE FERNANDES AND HIS WIFE AND ORS.

JUDGEMENT

(1.) HEARD Shri Sudin Usgaonkar, Learned Counsel appearing for the Petitioners and Shri J. Godinho, Advocate for the Respondent nos. 3 to 13. The Respondent nos. 1 and 2 duly served remained absent. Notice was issued for final disposal at the time of admission.

(2.) RULE . Heard forthwith with the consent of the Learned Counsel. Learned Counsel appearing for the Respondent nos. 3 to 13 waives service.

(3.) IT is the contention of the Petitioners that there was a typographical error in the prayer clause of the plaint whereby by inadvertence prayer clause (a) of the plaint does not disclose that the southern half is to be allotted to the Petitioners and the northern half is to be allotted to the heirs of Minguel Joao. It is the case of the Petitioners at para 3 of the plaint that in view of the Judgment passed on 25.04.1996 in Regular Civil Suit no. 9/1981, the southern part of the house was belonging to the family of Joao Santana, who are the Petitioners herein and its northern part to the family of Minguel Joao who are the Respondent nos. 3 onwards. Whilst dealing with the contention of para 3 of the plaint, the Respondent nos. 3, 4, 5, 6, 7 and 8 in their written statement have clearly stated that they admit that in Regular Civil Suit no. 9/1981/D, which was a suit filed by the said Minguel Joao Fernandes against the legal representatives of the said Joao Santana Fernandes, by Judgment and Order delivered on 25.04.1996, the Court decided that the said Joao Santana Fernandes acquired title to the portion of the house which is situated towards the southern side of the said house and situated in the property surveyed under no. 149/4 of Curtorim Village. At para 5 of the said written statement, the said Respondents state that they alone are entitled to 1102 square meters which are situated towards the northern side of said area of 623 square meters lying beyond the said portion shown in green and yellow color in the plan annexed thereto.