- (1.) Leave granted. The appellant is before us aggrieved by and dissatisfied with the judgment and order dated 13-12-2007 passed by the High Court of Bombay at Goa in Civil Revision Application No. 4 of 2007, whereby and whereunder a revision application filed by the respondents herein questioning the legality and/or validity of the order dated 1-2-2007 passed by the learned Additional District Judge, Mapusa was set aside.
(2.) The appellants herein are heirs and legal representatives of the original plaintiff Maria Menezes D'Sa. She filed a suit in the year 1982 against the respondents herein praying inter alia for the following relief: (a) The plaintiff and Defendants 3 to 13 be decreed and declared to be the rightful owners of the suit property. (b) Defendant 1 may be decreed and ordered to vacate the structure admeasuring about 5 x 3 sq m illegally built by him in the suit property. (c) Defendant 1 be decreed and ordered to demolish the said structure admeasuring 5 x 3 sq m illegally built by him in the suit property. (d) Defendants 1 and 2, their agents, servants, representatives and all other persons acting for and on their behalf be restrained permanently by a decree of permanent injunction, from interfering in any manner with the possession of the plaintiff and Defendants 3 to 13 of the suit property including the residential house existing therein or any portion thereof. (e) Costs of this suit may be awarded. (f) Any other relief as the Hon'ble Court deems fit and proper.
(3.) Despite the fact that the suit filed by the plaintiff was not only for herself but also on behalf of Defendants 3 to 13, the learned trial Judge set the said suit for ex parte hearing on 15-1-1997 so far as Defendants 3 to 11 were concerned and on 19-4-1997 so far as Defendants 12 and 13 were concerned. The plaintiff died in England on 2-11-2004.;