JOAQUIM JOAO FERNANDES Vs. NAZARIO PINTO

JUDGEMENT

(1.) Heard the advocate for the petitioner. None present for the respondent, though served. In fact, the notice of the petition was issued to the respondent for final disposal of the petition at the admission stage. However, the respondent has chosen to remain absent. Evidently, the respondent is not interested in contesting the proceedings. Perused the records.

(2.) The petitioner challenges the order dated 4-1-2005 passed by the Civil Judge, senior Division, Margao in Special Execution Application No. 32/2001/a. By the impugned order, the Executing Court has reduced the rate of interest which was decreed by the trial Court in the Special Civil Suit no. 204/9i/a under the decree dated 29-8-2001. The challenge to the impugned order is that the Executing Court could not have travelled beyond the decree or had jurisdiction to decrease the rate of interest awarded by the Civil Court under its decree.

(3.) The petitioner herein filed suit for recovery of money being Special Civil Suit No. 204/91/a which was decreed, after hearing the parties, under the judgment and decree dated 29-8-2001. The operative portion of the judgment reads thus: