ASSIS PIEDADE FERNANDES Vs. LUIZINHA PEREIRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. The learned Counsel for respondent nos. 1 and 2 waives service. None for respondent No.3 though served. Heard finally, by consent of the parties.

(2.) By this petition, the petitioners are challenging the order dated 13.05.2015, by which the learned Joint Mamlatdar of Tiswadi Taluka, Panaji, has rejected the application filed by the petitioners, seeking to intervene in the proceedings for declaration and registration as mundkar, filed by the respondent nos. 1 and 2, against respondent no. 3.

(3.) The brief facts are that the petitioners have filed a Regular Civil Suit No.76/2009/C against the respondent nos.1 and 2 for injunction, on the allegation that construction of their house carried out by respondent nos.1 and 2, is without keeping any set back and the same has violated the petitioner's right as to air, light, ventilation and privacy. The petitioners are having their ancestral house bearing no. 497 in property survey no. 37/11 at Mercuriam, Agassaim, Tiswadi, Goa, wherein they are residing as mundkars of respondent no. 3-Fabrica de Igreja de Corlim. To the south of the house of the petitioners, there is a mundkarial house of one Ms. Ana Queteria Pereira. Except the house of the petitioners and Ms. Ana Queteria Pereira, there are no other built structures in property bearing survey no. 37/11.