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1985 Supreme(Bom) 34

G.F.COUTO, K.M.REDDY
Clara Auroro de Branganca – Appellant
Versus
Sylvia Angela Alvares – Respondent


Advocates:
S.K. Kakodkar, for Appellants; M.S. Usgaoncar (for Nos. 1 to 4.) Sm. S. Albuquerque, (for No. 7), for Respondents.

Judgement

COUTO, J.:- A suit for inter alia declaration of nullity of a Power of Attorney and a Deed of partition and for cancellation thereof was instituted by the first six respondents in the Court of the Civil Judge, Senior Division, Mapusa against the appellants and the present respondents Nos. 7, 8 and 9 and ultimately decreed by the impugned judgment dated 5th Aug. 1983.

2. Broadly, as set out in the plaint, the case of the first six respondents was that on the death of one Inacio Francisco Braganza, father of the first appellant and grandfather of the Respondents Nos. 1, 3, 5, 6, 7 and 8, Inventory proceedings were initiated for the partition of the estate left behind by him. This partition was executed in the year 1913 in accordance with a Court's Order and allotment of specific properties was individually made in favour of his widow Ana Severina and of his four children, namely (1) Maria Elizabeth, (2) Lucia Paula, (3) Clara Aurora (appellant No. 1) and (4) Antonio Sebastiao Anacleto. Maria Elizabeth, who was married to one Damasceno Nazareth, died after her husband, leaving behind as her sole heirs the respondents Olivia and Francisco Xavier. Lucia Paula was married to Will




















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