- (1.)Leave granted.
(2.)This appeal has been filed by the appellant challenging the order passed by the High Court wherein the High Court was pleased to set aside the order passed by the Executing Court in connection with an execution application. The Executing Court held that the decree passed by the Civil Court was without any jurisdiction and thereby it is a nullity and accordingly dismissed the said execution proceedings.
(3.)The facts revealed in this case are that respondent Nos.1 and 2 are the owners of the property known as "Madel" situated at Curtorim, Salcete, Goa, which was allotted to them by a Deed of Partition registered before the Notary Public. In the property exists a residential house and a mundkarial house (suit house bearing No. 1124). The said mundkarial house was in occupation of one Jose Francisco D'Silva (hereinafter referred to as 'Jose') prior to 1977 as a Mundkar of respondent Nos.1 and 2 and after the death of said Jose in October, 1977, the original defendant No.1 Mrs. Filomena - who is the wife of said Jose, succeeded him. It appears that in the year 1980, respondent Nos.1 and 2 found that respondent No.7 (Shri Naik, being original defendant No.2) was residing illegally and without authority in the suit house. Respondent Nos.1 and 2 further learnt that the original defendant No.1 (Mrs. Filomena) had started residing with her daughter at Verna. Respondent Nos.1 and 2, therefore, by a letter dated 12th August, 1980, called upon original defendant No.2 (Shri Naik) therein to vacate the said house and hand over possession to the respondent Nos. 1 and 2.