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2022 Supreme(SC) 939

S. RAVINDRA BHAT, SUDHANSHU DHULIA
Ethel Lourdes D’souza Lobo – Appellant
Versus
Lucio Neville Jude De Souza – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Keane Sardinha, Adv. Mr. Vibhuti Sushant Gupta, Adv. Mr. Ram Naresh Yadav, AOR
For the Respondent(s): Ms. Vibha Datta Makhija, Sr. Adv. Mr. Pratap Shanker, Adv. Mr. Sanjeev Choudhary, Adv. Mr. Swetank Shantanu, AOR Mr. R. Ayyam Perumal, AOR

JUDGMENT :

S. Ravindra Bhat, J.

1. The present appeals arises from a judgment rendered by the Bombay High Court, Goa Bench,1[In WP No. 671/2010 dated 10.08.2012]. The dispute arises out of inventory proceedings,2[Described in Treatise of Civil Code, by Dr. Luis da Cunha Gonsalves, Volume X page 590 as “Inventory is a complete description of assets and debts or of the estate of the inheritance and liabilities of the estate, in order that one or other, or the balance remaining after payment of debts, be divided amongst the successors of the deceased, or allotted to his sole heir."] under Chapter XVII by Articles 1369 to 1447 of the Portuguese Civil Procedure Code (hereafter “the Code”).

2. Inventory proceedings in the present case arose and were initiated on account of the death of Lt. Guilherme Caetano Souza and his wife, Maria Guilhermina Augusta Lourdes Aguiar Souza. These proceedings were initiated in 1985 for partition of the estate of the said deceased.,3[Inventory proceedings No. 109/1985/1] There were six heirs of the deceased (hereafter referred to by their names) - i.e., Pedro (survived by the petitioner, Ethel Lourdes; and Respondent Nos. 23-26); Hermano (survived by the firs

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