:1: IN THE HIGH COURT OF BOMBAY AT GOA CIVIL REVISION APPLICATION NO. 19 OF 2011 1. Shri Jose Cipriano Pereira ( since deceased ) through his Lrs 1a) Shri Joao Patricio Pereira alias Patrick, son of late Jose Cipriano Pereira, 44 years of age, married, baker. 1b) Smt. Clara Pereira wife of Shri Jose Patricio Pereira, 41 years of age, married, housewife, both residing at house No.164, Maina, Curtorim, Salcete Goa. 1c) Shri Ashok Pereira, son of late Jose Cipriano Pereira, 47 years of age, married, driver, 1d) Smt. Leopoldina Pereira wife of Shri Ashok Pereira 45 years of age, married, housewife, 1e) Shri Anthony Pereira son of late Jose Cipriano Pereira, 39 years of age, married, driver, 1f) Smt. Sharmila Pereira wife of Shri Anthony Pereira 38 years of age, married, housewife, 1g) Shri Manuel Pereira son of late Jose Cipriano Pereira 36 years of age, :2: married, driver, 1h) Smt. Ritina Pereira wife of Shri Manuel Pereira 34 years of age, married, housewife, 1i) Shri Remy Pereira son of late Jose Cipriano Pereira 35 years of age, married, driver, 1j) Smt. Flavia Pereira wife of Shri Remy Pereira 32 years of age, married, housewife, 1k) Smt. Fatima Pereira daughter of late Jose Cipriano Pereira 34 years of age, 1l) Smt. Maria Pereira daughter of late Jose Cipriano Pereira 35 years of age, married, housewife, 1m) Shri Trinidade Pereira ( since deceased ) husband of Smt. Maria Pereira All residents of house no.67, Ranwaddo, Betalbatim, Salcete Goa. 2. Smt. Jose Cipriano Pereira wife of late Jose Cipriano Pereira ( since deceased ) … Petitioners V e r s u s Shri Blasio Rafael Paulino Manuel da Costa, major, married, retired, resident of St. Joaquim Road, Borda, Margao Goa. … Respondent :3: Mr. Vilas P. Thali, Advocate for the petitioners. Mr. C. A. Coutinho, Advocate for the respondent. CORAM : F. M. REIS, J DATE : 7 th OCTOBER, 2011 . ORAL JUDGMENT Heard Shri V. P. Thali, learned Counsel appearing for the petitioners and Shri C. A. Coutinho, learned Counsel appearing for the respondent. 2. Rule, heard forthwith by consent of both the learned Counsel. 3. Shri C. A. Coutinho, learned Counsel waives service on behalf of respondent. 4. After hearing the matter for sometime, it was not disputed by both the learned Counsel that the impugned order dated 06.04.2011 directing the demolition of a structure shown in red in the plan at Exhibit 37 was passed without holding any inquiry dealing with the alleged contention raised by the petitioners. At this stage, by consent of both the learned Counsel, the following order is passed : :4: O R D E R (i) The impugned order dated 06.04.2011 is quashed and set aside. (ii) The learned Civil Judge Junior Division, Margao, is directed to decide the objections filed by the petitioners after holding an inquiry and giving both the parties an opportunity of being heard in accordance with law. (iii) The learned Judge is directed to decide the said objections preferably within a period of six months from the date of the receipt of this order. (iv) All the contentions of the parties in respect of the said structure are left open. (v) The parties are directed to appear before the learned Judge on 14.11.2011 at 10.00 a.m. 5. Rule in the above terms. 6. The petition stands disposed of accordingly. F. M. REIS, J at* :5: