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Aban, Andres, et al. Vs. Manuel L. Enage, et al.

ANDRES ABAN and DOLORES GALOPE, petitioners, vs. HONORABLE MANUEL L. ENAGE, as District Judge of the Court of First Instance of Agusan, Branch II, HEIRS OF ELEUTERIO CUENCA, and ATTY. TIMOTEO D. NALDOZA, Attorney-in-Fact and Counsel, respondents.

G.R. No. L-30666 | 1983-02-25

D E C I S I O N


MAKASIAR, J.:

This is a petition for certiorari and prohibition with preliminary injunction filed by petitioners against private respondents and Honorable Judge Manuel L. Enage, District Judge of the Court of First Instance of Agusan, to declare null and void the order of the court dated July 29, 1968, issued in Civil Case No. 1005, ordering the cancellation of TCT No. RT-1693 in the names of herein petitioners covering Lot No. 427 C-1 (Subdivision Plan LRC-Psd-40107), on the ground that the same was issued without or in excess of jurisdiction.

The antecedent facts are as follows:

On August 21, 1964, a complaint was...