LAWS(BOM)-2019-6-281

MARIA TERESA PHILOMENA Vs. STATE OF GOA

Decided On June 25, 2019
Maria Teresa Philomena Appellant
V/S
STATE OF GOA Respondents

JUDGEMENT

(1.) Heard. Rule, made returnable forthwith. The learned Additional Government Advocate waives service on behalf of the respondents. Heard finally by consent of parties.

(2.) The challenge in this petition is to the impugned order/communication dated 20/12/2017 and 11/4/2018, issued by the learned Deputy Collector. By the letter dated 20/12/2017, the Dy. Collector has asked the petitioner to submit Form No.I and XIV in original, site plan, survey plan and other title documents, if any, in order to comply with the provisions of section 54 of C.P.C.. By the subsequent letter dated 11/4/2018, the learned Dy. Collector has asked the petitioner to file an application for partition in prescribed form and to furnish the relevant documents.

(3.) The issue pertains to the partition of the suit property by metes and bounds in pursuance to the final decree dated 12/9/2017 passed by the learned Senior Civil Judge, Panaji in Special Civil Suit No.40/2009/B. The Civil Court has sent a precept to the learned Dy. Collector for partition of the suit property by metes and bounds, in pursuance of which the aforesaid two communications have been issued by the learned Dy. Collector.