USNO MUKUND POROB COLVALCAR Vs. SHRIPAD L SHIRODKAR

JUDGEMENT

(1.) This petition takes exception to the order dated 28.11.2003, passed by the learned Civil Judge, Senior Division, Panaji, by which order the proceedings in Regular Civil Suit No. 432/00/D was stayed till the decision on the issue of "Mundkar" was rendered by the Mamlatdar, Panaji.

(2.) Though the above petition was admitted, no interim reliefs were granted and, resultantly, the issue before the Mamlatdar as regards the claim of mundkarship of the respondent under section 8-A of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975, has progressed and today it is at the stage where the evidence of the parties is complete. In view of the said fact, there is no warrant to interdict in the writ jurisdiction. However, the above petition is disposed of by directing the concerned Joint Mamlatdar-II, to dispose of the said proceedings being Mundkar Case No. MND/JMII/AES/MER/14/02 by 30.4.2010.

(3.) Rule in the above petition is accordingly disposed of in the aforesaid terms. Needless to say, that the contentions of the respective parties in the suit as well as before the Mamlatdar are explicitly kept open.