LAWS(BOM)-2014-7-340

ANTHONY CARDOZO Vs. MARIA FILOMENA VAZ E ROSARIO

Decided On July 22, 2014
Anthony Cardozo Appellant
V/S
Maria Filomena Vaz E Rosario Respondents

JUDGEMENT

(1.) HEARD rival submissions for sometime on this First Appeal. After hearing the rival submissions it transpires that the judgment and decree passed by Civil Judge, Senior Division has been challenged before this Court in the present appeal. However, earlier directions were given by this Court for transfer of the said appeal to the concerned District Court under the premise that the pecuniary jurisdiction to dispose off the appeal vests with the District Court. As such, when the appeal reached before the concerned District Court, it was again argued by the parties that in fact in view of the provisions of Section 26B of Goa Civil Courts Act, 1965, the said appeal should have been dealt with by the High Court and not the District Court and under these circumstances again this same appeal came up before this Court and is now fixed for final adjudication.

(2.) WITHOUT going much into the merits as to passing of the judgment and decree by the trial Court i.e. Civil Judge, Senior Division, suffice it to say that then pending suit between the parties being Special Civil Suit No.789/2003 should not have been proceeded further by the said Civil Judge, Senior Division. This is mainly so in view of the provisions of Section 26A of the Goa Civil Courts Act. Section 26A reads thus:

(3.) NOW the question is on remand which Court to deal with the said Civil Suit. On this aspect, it is also anonymous view of all the Counsel that as per the provisions of the Goa Civil Courts Act and specifically Section 26A, the said Special Civil Suit No.789/2003 is required to be tried by the concerned District Curt. In fact, this is correct legal position and, as such, after setting aside the judgment and decree passed by the Senior Civil Judge, the matter is required to be remanded back to the concerned District Judge for further dealing with the said suit from the stage it had reached before the Senior Civil Judge at the time of the application of Section 26A of the Goa Civil Courts Act. As such, the present appeal is disposed off with the above directions, quashing and setting aside the judgment and decree and directions to the concerned District Judge to deal with the Special Civil Suit No.789/2003 in view of above directions and dispose it off in accordance with law. In the meantime, all the rival parties are directed to maintain status quo with respect to the suit property, till the matter reaches the District Court for further trial. Under the circumstances of the matter there are no order as to costs.