ARUN SAZU SINAI NADKARNI Vs. PEREGRINO CARVALHO

JUDGEMENT

(1.) WITH the consent of the learned Counsel for the parties, the matter is taken up for final disposal. Heard learned Counsel for the parties.

(2.) BY this petition under Article 227 of the Constitution of India, the petitioners challenge the orders dated 22nd August, 2008 and order dated 17th September, 2010 passed by the Civil Judge, Junior Division, Sanguem in Regular Civil Suit no.11/2006 and Execution Application No.7/2009 respectively.

(3.) THE respondents thereafter filed Execution Application no.7/2009 against the petitioners seeking execution of sale deed for the remaining area of 400 square metres. THE petitioners filed an application under Section 47 of C.P.C. giving therein the various details and sought enquiry to ascertain whether the decree holders are entitled to an area of 2785 square metres or 2385 square metres. THE said application was opposed by the respondents. THE trial Court by order dated 17th September, 2010 dismissed the application filed by the petitioners under Section 47 of C.P.C. on the following grounds :