MANGUEX VENETEXA XETE CAROICAR Vs. CUSTODIAN OF THE BRANCHES OF BANCO NATIONAL ULTRAMARINO PANAJI GOA

JUDGEMENT

(1.) THIS Civil Revision is directed against the Order of the learned Civil Judge, Senior Division, Mapusa, dated 16-3-1990, in Execution Application No. 45/87/a, whereby the objections raised by the petitioners/judgment-debtors (hereinafter called the petitioners) in the execution proceedings filed by the respondents/decree-holders (hereinafter called the respondents) to seek the enforcement of the judgment and decree of the trial Court dated 19-6-1964 were negativated and dismissed.

(2.) IN a suit filed by the respondents against the late parents of the petitioners in the Court of Civil Judge, Senior Division, Panaji, still during the pendency of the Portuguese law, being Accao Ordinaria No. 12 of 1963, for the recovery of the amount loaned to them by the erstwhile Banco Nacional Ultramarino by deed dated 17-12-1956 (Escritura do abertura de credito a conta corrente) a decree was secured by the respondents in the following terms:

(3.) IT appears that soon after execution proceedings were instituted by the respondents in Panaji Court due to non-timely payment of the decretal amount which were subsequently transferred to the Court of the Civil Judge, Senior Division, Mapusa. At this stage a series of objections raised by the petitioners against the said execution did not meet with success and the petitioners were directed to effect the immediate payment of their dues. The last order dated 4-3-1989 while rejecting the petitioners prayer kept, however, a door open for them to show that the calculation of the amounts arrived at and claimed by the respondents in the execution were not in accordance with the judgment and decree dated 19-8-1964. But the learned Judge once again refused to entertain any plea of the petitioners in this regard.