IN THE HIGH COURT OF BOMBAY AT GOA CIVIL REVISION APPLICATION NO. 25 OF 2011 MR. GREGORY MENDES AND 2 ORS., ... Petitioners Versus MR. CONSTANCIO M. MENDES AND ANR., ... Respondents Mr. Rohit Bras De Sa, Advocate for the Petitioners. Coram:- F. M. REIS, J. Date:- 7th December, 2011 P.C.: Heard Shri Rohit Bras De Sa, learned Counsel appearing for the petitioners. 2. During the course of hearing of the above petition, Shri Rohit Bras De Sa, learned Counsel appearing for the petitioners pointed out that the petitioners are not in possession of the disputed area and according to him nothing survives in the execution proceedings. It is further his contention that the land has already been acquired and the decree holder has no subsisting interest in the disputed portion. 3. On perusal of the impugned order, the learned Judge has rightly come to the conclusion that the fact as to whether the Government was a necessary party or not was already decided in the earlier suit and, as such, such contention cannot be raised in the execution proceedings. Hence, no interference is called for in the impugned order. 4. But however, taking note of the submissions of the learned Counsel appearing for the petitioners, I find it appropriate that the petitioners should be given a liberty to file an appropriate application with that regard and the same shall be considered by the learned trial Judge after hearing the parties, ascertaining the correctness of such contentions in accordance with law. 5. Petition stands dismissed with liberty as stated above. F. M. REIS, J. NH