RAFAEL FERNANDES Vs. TEREZINHA RODRIGUES

JUDGEMENT

(1.) Rule. By consent, rule is heard forthwith.

(2.) The petitioners are the Judgment debtors in Execution proceedings bearing no. 29/1994, arising from R. C. S. No. 293/1991/d, and are admittedly the mundkars of the respondents. In this petition, the petitioners, (JDs for short) , challenged the Orders dated 29. 09. 2005 and 13. 04. 2006 of the learned Civil Judge, Junior Division, Margao, in the said Execution Proceedings. In fact, it has been submitted on behalf of the respondents (DHs for short) , that the JDs did not challenge the first Order dated 29. 09. 2005, by which the learned executing Court had ordered a Commissioner to be appointed to demarcate the area of the house admeasuring 120 square metres and cowshed of 23 square metres and only when by subsequent and consequential order was made appointing Shri Moniz, a Civil Engineer, as a Commissioner, that this petition has been preferred by the JDs. Some bare facts are required to be stated to dispose of this petition.

(3.) By Order dated 31. 10. 1988, the JDs were declared the Mundkars of their dwelling house bearing no. 1155, situated in survey no. 19/1 of Village Curtorim, to the extent of 143 square metres in area i. e. 120 square metres of the house and 23 square metres of the cowshed.