SEBASTIAO LUCAS Vs. PAULINO FERNANDES

JUDGEMENT

(1.) HEARD Mr. Nigel Da Costa Frias, learned counsel appearing for the appellant and Mr. C. Padgaonkar holding for Mr. G. Teles, learned counsel appearing for the respondents.

(2.) THE above Second Appeal came to be admitted by order dated 20.07.2007 on the following substantial questions of law.

(3.) MR . Nigel Da Costa Frias, learned counsel appearing for the appellant in support of the said substantial questions of law has pointed out that once there is an order passed by the Mamlatdar, the question of examining the correctness or otherwise of such order by the Civil Court is expressly barred under Section 32(5) of the Mundkars Act. The learned counsel further pointed out that though the respondents were not parties to the said proceedings, as according to him the bhatkar was in fact a party to the proceedings, it was not open to the respondents to challenge the said order before the Civil Court. The learned counsel has taken me through the judgment of the Trial Court and pointed out that the learned Trial Judge has rightly appreciated the evidence on record and come to the conclusion that the suit filed by the respondents was barred and allowed the application filed under Order 7 Rule 11 of the Civil Procedure Code.