- (1.) This appeal is directed against the judgement dated 18th November, 2013 passed by the High Court of Bombay at Goa in Writ Petition No.622 of 2013. By the impugned judgment, the High Court quashed the order dated 28th March, 2013 passed by the Mamlatdar, Bardez and order dated 20th September, 2013 passed by the Additional Collector-II, North Goad and remitted the matter to Mamlatdar, Bardez to decide whether he has jurisdiction/powers to re-open the proceedings in question and to pass appropriate orders.
(2.) The factual matrix of the case is as follows: The respondent alleged the blocking of her traditional easementary access by the appellant by constructing compound walls. Initially, an application under Section 4 of the Mamlatdar's Court Act (hereinafter referred to as the "Act") was filed by the respondent before the Mamlatdar with regard to the said obstruction. The application came to be dismissed for default by order dated 7th January, 2008 and subsequently, the same was restored. The appellant filed a Revision Application before the Collector against the order of restoration. In the said Revision Application an ex parte order was passed by the Additional Collector-I, Panaji on 11th July, 2008 directing the Mamlatdar, Bardez to open the gate and remove the obstacles like the compound walls between Survey Nos.163/1 and 163/2 and Survey Nos.164/1 and 163/10, 163/1,163/2 and 163/4, to make openings enough for free movement of an ambulance to enable the respondent to take her father-in-law for medical treatment.
(3.) The appellant challenged the said order by filing Writ Petition No.422/2008 before the High Court and obtained an order of stay. The respondent and her father-in-law filed an appeal from Order No.59/2008, against the order dated 13th February, 2008 passed by the Civil Court at Mapusa, whereby the application for temporary and mandatory injunction filed by the respondent and her father-inlaw in Civil Suit No.134/07/B was dismissed. The said writ petition and appeal from order came to be disposed of by an order dated 4th May, 2009 which is as under: "Mr. Usgaonkar, learned Senior Counsel applies for withdrawal of the Appeal from Order No.59/2008 as the appellants have been granted a satisfactory alternate access by the Panchayat at Calangute. The owner of the property through which the access is now granted has also given no objetion to the grant of access to the appellants as well as the other members. Consequently, the petitioner's relief for setting aside the orders of the Mamlatdar dated 7.3.2008 and 11.7.2008 is required to be granted. The appellants in Appeal from Order No.59/2008 concedes that the lis in the Mamlatdar Court's no longer remains. Mr. Usgaonkar on behalf of the appellants undertakes to withdraw the application in the Mamlatdar's Court. However, the office of the Village Panchayat, Calangute shall issue the completion certificate requested by the appellants which could not be issued due to the election. The completion certificate shall be issued on or before 31.05.2009. The Writ Petition No.422/2008 is disposed of accordingly and Appeal from Order No.59/2008 is allowed to be withdrawn.";