The Defendant No.1 be decreed and ordered to demolish the said structure admeasuring 5 x 3 sq.
3 to 13 and in fact a decree for declaration having been prayed also on their behalf, an order for setting the suit for ex parte hearing was wholly arbitrary and thus quorum number judis.
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.
The 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 Defendant Nos.
She filed a suit in the year 1982 against the respondents herein praying inter alia for the following relief The plaintiff and Defendant Nos.
3 to 13, the learned Trial Judge set the said suit for ex parte hearing on 15.1.1997 so far as Defendant Nos.
The defendant 1 may be decreed and ordered to vacate the structure admeasuring about 5 x 3 sq.
3 to 13 of the suit property including the residential house existing therein or any portion thereof.
3 to 13 be decreed and declared to be the rightful owners of the suit property.
The appellant is before us aggrieved by and dissatisfied with the judgment and order dated 13th December, 2007 passed by the High Court of Bombay at Goa in Civil Revision Application No.
3 to 13 were sailing in the same boat.
3 to 11 were companycerned and on 19.4.1997 so far as Defendant Nos.
12 13 were companycerned.
They, however, filed an application for setting aside the ex parte decree on or about 6.7.2006.
They having companye to learn about the pending proceeding, informed the Court about the death of the original Plaintiff on 7.3.2006.
Thereafter, they filed an application for transposition of Defendant Nos.
The Plaintiff died in England on 2.11.2004.
3 to 13 to the category of plaintiff on 14.3.2006.
illegally built by him in the suit property.
illegally built by him in the suit property.
The appellants herein are heirs and legal representatives of the original plaintiff Maria Menezes DSa.
Leave granted.
The appellants herein are ordinarily number residents in India and reside abroad.
As they were already on record, the question of the suit having abated would number arise.
Cost of this suit may be awarded.
