ALDILA BRAGANZA Vs. ANTONETTO J. D'SOUZA

JUDGEMENT

(1.) HEARD Mr. Nigel Da Costa Frias, learned Counsel appearing on behalf of the petitioner, Mr. J. E. Coelho Pereira, learned Senior Counsel appearing on behalf of respondent no.1 and Mr. P. Phaldessai, learned Additional Government Advocate for respondents no. 2 and 3.

(2.) RULE . Heard forthwith with the consent of the parties.

(3.) THE matter pertains to the alleged blocking of the petitioner's traditional easementary access by respondent no.1 by constructing compound walls. An application under Section 4 of the Mamlatdar's Court Act (said Act, for short) was filed by the petitioner before the Mamlatdar of Bardez (respondent no. 2) with regard to the said obstruction. The said application came to be dismissed for default by order dated 07/01/2008 and on an application filed by the petitioner, the same was restored by order dated 13/02/2010. Respondent no.1 had filed a Revision Application bearing no. MCA/AC/REV/2008 before the Collector against the said order of restoration dated 13/02/2008 passed by the Mamlatdar. On an application dated 10/07/2008 filed by the petitioner, in the said Revision Application, the Additional Collector -I, Panaji was pleased to pass an ex -parte order on 11/07/2008 directing the Mamlatdar of Bardez to open the gate and remove the obstacles like the compound walls between Survey Nos.163/1 and 163/2 and between Survey Nos.164/1 and 163/10, 163/1, 163/2 and 163/4, to make openings enough for free movement of an ambulance to enable the petitioner to take her father -in -law for medical treatment. Respondent no.1 challenged the said order of the Additional Collector -I before this Court by filing Writ Petition No. 422/2008 and obtained stay of the said order. The petitioner and her father -in -law had filed an Appeal from order No. 59/2008, against the order dated 13/02/2008 passed by the Civil Court at Mapusa, whereby the application for temporary and mandatory injunction filed by the petitioner and her father -in -law in Civil Suit No. 134/07/B was dismissed. The said Writ Petition and Appeal from Order came to be disposed of by an order dated 04/05/2009 which is as under :