( 1. ) The above Revision challenges the Order dated 1st August, 2009, passed by learned Civil Judge, Senior Division, Panaji, in Special Civil Suit No. 104/08/B, whereby the application under Order 7 Rule 11 of CPC filed by the Petitioner came to be rejected.

( 2. ) The parties shall be referred to as in the manner as they appear in the cause title of the impugned Judgment.

( 3. ) It is the case of the Plaintiffs that the Plaintiff no.1 is the son of late Vassant Sada Pednekar while the Plaintiff no.2 is his daughter in law of the said Vassant Pednekar. It is their contention that the said Vassant Pednekar expired on 19.2.85 leaving behind the Defendant no.2 as moiety sharer and as his sole and universal heirs, his five children namely the late Audhut Vassant Pednekar, who was married to Plaintiff no.2, Shri Uday Pednekar, married to Lalita Uday Pednekar, Shri Anand Vasant Pednekar, married to Usha Anand Pednekar and Shri Anil Vassant Pednekar, the Plaintiff no.1 herein married to Anita Anil Pednekar. It is further their case that the said Savita alongwith her husband Shri Ramakant had relinquished their right to the estate of the said deceased Vasant Pednekar, by Deed