MINGUEL CAETANO LOBO Vs. LUIS RUDOLF FIALHO

JUDGEMENT

(1.) The petitioners, who are the original defendants, in Special Civil Suit No.70/1997/B have invoked jurisdiction of this Court under Article 227 of the Constitution of India challenging an order dated 14.12.2011 passed by the Civil Judge, Senior Division, Mapusa by which the trial Court had rejected an application for condonation of delay vis-a-vis an application for setting aside an ex parte decree passed by the said Court.

(2.) The respondents-plaintiffs have filed suit for demolition, possession, injunction and mesne profits against the petitioners in respect of the suit property described in the plaint. The petitioners are the legal heirs of deceased Minguel Caetano Lobo, who was the original defendant. Respondents no.1 to 6 are the original plaintiffs and the respondents no.7 to 10 are the legal heirs of deceased Minguel Caetano Lobo.

(3.) In the said suit, an application for temporary injunction was filed bearing no.CMA/119/97/SR/I. Minguel Caetano Lobo through his power of attorney namely petitioner no.1 resisted the suit and the application for temporary injunction on various grounds by filing written statement, inter alia, raising an issue of jurisdiction, as a stand was taken by Minguel Caetano Lobo that he being a Mundkar of the suit house and an agricultural tenant of the suit property, the Civil Court has no jurisdiction. While rejecting the application for temporary injunction on 30.11.2001, it was inter alia observed by the trial Court that the plaintiffs failed to make out a prima facie case and since the deceased therein raised an issue of Mundkarial, the application came to be rejected.