-1- IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 93 OF 2004 Shri Usno Mukund Porob Colvalcar major, businessman, r/o Neugi Nagar, Panaji Goa, ( since deceased ) through legal heirs : 1(a) Smt. Kumudini Usno Prabhu Kolwalkar, wife of late Usno Mukund Porob Colwalcar, resident of T-17,Jairam Complex, Neuginagar, Mala, Panaji Goa. 1(b) Mrs. Sandhya Yogesh Poi Kuchelkar, daughter of late Usno Mucundo Porobo Colwalcar, 1(c) Mr. Yogesh Poi Kuchelkar, son-in-law of late Usno Mucundo Porobo Colwalcar, both residents of Sitaram Sadan, Muzawarwada, Sanquelim Goa. 1(d) Mrs. Nishita Rajanish Tadkodkar, daughter of late Usno Mucundo Porobo Colwalcar, 1(e) Mr. Rajanish Tadkodkar, son-in-law of late Usno Mucundo Porobo Colwalcar, both residents of Ahmedabad, represented by their lawful power of attorney holder Sandhya Yogesh Poi Kuchelkar, resident of Sitaram Sadan, Muzawarwada, Sanqelim Goa. .... Petitioners V e r s u s 1.Shri Shripad L. Shirodkar aged about 30 years, residing at Carmichem Bhat, Merces, Goa. 2.Shri Ladu Shirodkar aged about 28 years, residing at Carmichem Bhat, Merces Goa. 3.Shri Avdhut L. Shirodkar, aged about 26 years, residing at Carmichem Bhat, Merces Goa. -2- 4.Shri Sainath L. Shirodkar, aged about 25 years, residing at Carmichem Bhat, Merces Goa. ...... Respondents Mr. Nigel D' Costa Frais, Advocate for the Petitioner. Mr. Prashant Vengurlekar, Advocate for the Respondent. CORAM: R. M. SAVANT, J. DATE : 15 th December, 2009. ORAL JUDGMENT This Petition takes exception to the Order dated 28.11.2003, passed by the learned Civil Judge, Senior Division, Panaji, by which Order the proceedings in Regular Civil Suit no. 432/00/D was stayed till the decision on the issue of “Mundkar” was rendered by the Mamlatdar, Panaji. 2. Though the above Petition was admitted, no interim reliefs were granted and, resultantly, the issue before the Mamlatdar as regards the claim of mundkarship of the Respondent under Section 8-A of the Goa, Daman and Diu Mundkars (Protection from Eviction) Act, 1975, has progressed and today it is at the stage where the evidence of the parties is complete. In view of the said fact, there is no warrant to interdict in the writ jurisdiction. However, the above Petition is disposed of by directing the concerned Joint Mamlatdar-II, to dispose of the said proceedings being Mundkar Case no. MND/JM- II/AES/MER/14/02 by 30.04.2010. -3- 3. Rule in the above Petition is accordingly disposed of in the aforesaid terms. Needless to say, that the contentions of the respective parties in the suit as well as before the Mamlatdar are explicitly kept open. R. M. SAVANT, J. arp/*