MODUSUDAN CAMOTIN TIMBLO Vs. STATE OF GOA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard by consent of parties.

(2.) The present writ petition assail the order passed on 30.06.2015 by the District Judge-I and this order is passed on an application referred by the applicant before the District Judge under Section 152 and 153 of the Civil Procedure Code in Civil Suit No. 56/2013. By the said application it is prayed that earlier order dated 15.04.2015, by which, an earlier application securing similar relief was rejected, should be nullified.

(3.) With the assistance of the learned Counsel, Mr. Usgaonkar and the learned Additional Government Advocate Mr. Pravin Faldessai, I have perused the record. The proceedings have a checkered history. The petitioners filed proceedings for temporary injunction before Comarca Court at Quepem against the defendant no.1 one Daya Bogvonto Mahale which was registered as Processo no. 200070/65. With the prescribed time limit the plaintiff filed suit which came to be registered as 20901/65 in which Daya Bogvonto Mahale was impleaded as defendant no.1 and State of Goa is impleaded as defendant no.2. The suit so filed, sought a declaration to the State of Goa to acknowledge the plaintiffs as owners and possessors of the suit property. Defendant no.1 did not contest the suit but the State, i.e. defendant no.2 claimed that the suit property comprised of a part of government forest "HATIPAULA" situated at Poinguinim. The plaintiffs examined 6 witnesses, defendants examined 6. Various documents in Portuguese language were produced by the parties.