LAWS(BOM)-2018-12-107

PRAMILA PRABHAKAR ARLEKARGOVEKAR Vs. ANTONIETA ADELINA TEMUDO

Decided On December 17, 2018
Pramila Prabhakar Arlekargovekar Appellant
V/S
Antonieta Adelina Temudo Respondents

JUDGEMENT

(1.) Rule returnable forthwith.

(2.) It is easier to obtain a decree, than to get it executed.

(3.) The late parents of the respondent nos. 1 to 4 (decree holders) filed Regular Civil Suit No.84/1998 against the fifth respondent, for eviction and possession of a house bearing no.407/A (Old House no. 407) situated in survey no. 4/7 at Calangute, Bardez, Goa. The fifth respondent, who was the defendant, in the suit, raised a plea of mundkarship. The trial court framed an appropriate issue and it was referred to the Court of Mamlatar at Mapusa. The case made out by the fifth respondent was that he was a mundkar in respect of the suit house, in which he was residing along with his family members. The petitioners herein happen to be the wife and the daughter of the fifth respondent.