LAW FOR ALL

Execution court powers - Trial court dismissed the execution petition on the ground that the civil court has no jurisdiction to pass a decree for declaration and eviction which became final as it was covered under Mundkar Act. - High court held that the plaintiff claimed rights as owner of the property but not Mundkar - civil court can only give declaration and eviction and held that civil court has got jurisdiction and set aside the trial court order - Apex court confirmed the order of High court and dismissed the appeal = Jacinta De Silva … Appellant vs. Rosarinho Costa & Ors. … Respondents= 2014 (March. Part ) judis.nic.in/supremecourt/filename=41336