LAWS(BOM)-2009-9-70

ALEXINHO NORONHA Vs. ALLAN VALES

Decided On September 25, 2009
ALEXINHO NORONHA Appellant
V/S
ALLAN VALES Respondents

JUDGEMENT

(1.) HEARD. Rule made returnable forthwith. Taken up for final hearing with consent of the parties.

(2.) THE petitioners have invoked Article 226 and 227 of the Constitution for seeking writ of certiorari for evaluating legality and propriety of the order dated 30. 06. 2009 passed by the Civil Judge, S. D. , Panaji in execution Application No. 38/2003/b and consequent quashing of the said order.

(3.) LEARNED Civil Judge, S. D. , Panaji disposed of the objections raised by the J. Ds. /petitioners J. D. No. 2 Alexinho noronha and J. D. No. 3 Remedios Noronha on 19. 08. 2008 annexure C collectively to the petition to the execution of the decree of the demolition of the suit structure passed in regular Civil Suit No. 120/1998/b; and further disposed of the application for intervention/ objections to the said execution proceedings filed by the intervenors Maria Santana Noronha widow of J. D. / defendant No. 1. Caetaninho Noronha in the said suit and Nelson Noronha, son of late Remedios francisco Antonio Noronha original tenant in respect of the suit house.