ROSY NORONHA Vs. VITORINO D.TRAVASSO

JUDGEMENT

(1.) This case brings to mind the classic belief that the wes of a successful plaintiff would really commence when the decree he obtains is put in execution. In the present case, in the applicant's civil suit of the year 1998, the decree in question attained finality in the year 2012, with the High Court dismissing the second appeal.

(2.) This Civil Revision Application assails an order dtd. 27/3/2017 passed by the learned Civil Judge Junior Division, 'B' Court, Quepem in execution proceedings (Regular Execution Application No. 2/2004/B), whereby, it has been held that the decree in the applicant's civil suit as confirmed by the Appellate Court, as also by this Court in rejecting the respondents' Second Appeal is not executable. The impugned order is premised on an enquiry as conducted in terms of Sec. 47 of the Code of Civil Procedure (for short, "the CPC ").

(3.) The factual antecedents:-