1999 Supreme(Bom) 40
R.K.BATTA
Victor de Graca Pinto and another – Appellant
Versus
Lourdes de Graca Pinto e Nazareth and another – Respondent
JUDGMENT - R.K. BATTA, J.:---After obtaining a decree, the problem of the decree-holders is execution of the Decree. All sorts of possible objections are raised in execution by the judgment-debtors, so as to defeat the decree obtained by the decree-holders so that they are not able to reap fruits thereof. The instant case under consideration is an example of this state of affairs. A deed of partition was executed between the parties on 21-12-1989, by which the property, in question, was divided into three parts. By this deed of partition, the matter was amicably settled between the parties and the terms of settlement were recorded in Decree dated 2-1-1990 in the Inventory Proceedings No. 55/88/A. Inventory proceedings, under the Portuguese Law, are initiated to determine all rights in property and partition of the estate left by the deceased. By this Decree, the property was divided into three parts, namely (A), (B) and (C) as per plan attached thereto. In terms of the same, part (A) shall belong to the applicants and part B shall belong to the respondents and others. Some of the heirs had renounced their rights to the property and others had orally communicated their agreement to
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