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2009 Supreme(Bom) 1676

R.M.SAVANT
Shri Antonio Agostinho Gomindes – Appellant
Versus
Shri Milagres Santana Gomindes – Respondent


Advocates Appeared:
For the Petitioners:M. S. Usgaonkar, Senior Advocate with Mr. Sudesh Usgaonkar and Ms. R. Pereira, Advocate.
For the Respondents:M. P. Almeida, Advocate.

Judgement Key Points

Key Points: - The judgment discusses whether separate file numbers (146/1992 and 173/1999) invalidate the continuation of Inventory Proceedings originally started under 221/1940, and holds that renumbering does not render proceedings null and void. (!) (!) - It analyzes the effect of a Civil Court decree (Special Civil Suit No. 262/1996) on disposable content and its applicability to Inventory Proceedings, rejecting grounds to annul the proceedings and treating decree findings as res judicata in this context. (!) (!) (!) (!) - The Court determines that the Appellate Court’s order declaring the Inventory Proceedings null and void cannot stand; the proceedings should be allowed to continue in conformity with Article 1430-1432, with final asset listings and prior final orders preserved. (!) (!) (!) - The time-limited objection by Respondent No. 1 to the disposability and listing of assets, raised only in 2004, is deemed barred by delay and the absence of timely objection; earlier orders remained unchallenged. (!) (!) (!) - The need to refer issues arising in the Inventory Proceedings to the Civil Court under Article 1436 when they involve civil questions is acknowledged, but not to nullify ongoing proceedings where earlier steps were valid. (!) (!) (!) - The final quashing and setting aside of the Appellate Court’s order is ordered, allowing the Petition to proceed and directing continuation in the original Inventory Proceedings. (!) (!) (!)

What is the effect of renumbering Inventory Proceedings on their validity under Article 1430-1432?

What is the proper approach to resolving disputes about disposable content and the assets in an Inventory Proceedings when there is a related Civil Suit decree (Article 1436 considerations)?

What are the circumstances under which an Appellate Court can set aside an Inventory Proceeding as irregular or void, and whether such nullity can be cured or corrected?


JUDGMENT:

By the above Petition filed under Article 227 of the Constitution of India, the Petitioners take exception to the Order dated 25.03.2003 passed by the learned District Judge, Margao, by which Order, the Appeal filed by he Petitioners being Misc. Civil Appeal No. 44/2003, came to be allowed and the Judgment and Order passed by the learned Civil Judge, Senior Division, Margao, dated 25.03.2003 in Inventory Proceedings no. 146/92/C came to be set aside.

2. Some of the facts which are necessary to be cited for the adjudication of the present Petition are stated thus :

The present Inventory Proceedings have their genesis in the Inventory Proceedings bearing no. 221/1940. The said Inventory Proceedings were commenced on the death of one Agostinho Gomindes, In the said Inventory Proceedings, an auction was held on 26.08.1940 in respect of two assets which were enlisted. Maria, the wife of said Agostinho Gomindes, took item no.1 and item no.2 which was enlisted in the said proceedings was auctioned in equal shares amongst the three children. Thereafter, the allotment was made absolute by Order dated 27.09.1940. It appears that in 1942, the said Maria Gomindes got married in seco




































































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