ANA MARIA SOUZAE GURJAO Vs. VITORINO GURJAO

JUDGEMENT

(1.) RULE, returnable forthwith. Heard by consent.

(2.) THE petitioners have challenged the order of the learned Civil Judge, Jr. Division, Panaji in Regular Civil Suit No.21/2000/C dated 24.2.2006, by which the learned Civil Judge has refused to delete the issue No.9. Issue No.9 reads as follows: Whether the defendants prove that their late mother, Natalina was residing in the suit house along with her family as mundkar thereof and that deed of sale effected in favour of plaintiffs is not binding on defendants?

(3.) IT is obvious from Section 32 of the Act that the Civil Court is required to stay the suit and further refer such issues to the Mamlatdar or the Collector as the case may be for determining the issue of mundkarship. This having not been done, it is difficult to see how the matter was put in the sine die list.