CLAUDIOS. X. PEREIRA Vs. MOHANVASUDEV SALKAR

JUDGEMENT

(1.) HEARD Mr. Coelho Pereira, learned Senior Counsel appearing on behalf of the petitioners. The respondents were duly served before admission as well as after admission of the petition, but have chosen to remain absent.

(2.) BY this petition, the petitioners have taken exception to the order dated 29.09.2007 passed by the learned Civil Judge Junior Division, Vasco -da -Gama, Goa (trial Court) in Regular Execution Application No. 15/04/D.

(3.) IT appears that consequent upon the said decree, the sale deed was executed by the defendants in favour of the plaintiffs. However, the decree was not fully satisfied and hence the Petitioners/plaintiffs filed Regular Execution Application No. 15/04/D. According to the petitioners, the second part of the decree of maintaining 6 metres wide tarred road access as it existed, was not complied with by the respondents who were the defendants in that suit. The decree holders had engaged the services of an Architect namely, Mr. Mohan Tendulkar to inspect the site and prepare the inspection report. It was alleged that the judgment debtors had built a compound wall on the road and put a gate and blocked the road at south -east point of the plot and built Block -I in adjoining plot 33/126 -A and encroached upon the said 6 metres wide tarred road. By application dated 09/03/2006, filed in the said execution application, the petitioners (decree holders) therefore, prayed that the respondents (judgment debtors) be directed to clear the 6 metres wide tarred road provided as per the decree, by removing the compound wall built by the judgment debtors.