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2014 Supreme(Bom) 203

U.V.BAKRE
Reginald Baptist Lobo – Appellant
Versus
Robert D'souza – Respondent


Advocates Appeared:
For the Petitioners:J.P. Mulgaonkar, Advocate.
For the Respondents:R1, R2, R4, R5, G. Usgaonkar, Advocate.

JUDGMENT

Heard Mr. Mulgaonkar, learned Counsel appearing on behalf of the petitioners and Mr. Usgaonkar, learned Counsel appearing on behalf of the respondents no. 1, 2, 4 and 5.

2. By this Petition, the petitioners have challenged the order dated 14/02/2013 passed by the learned District Judge–I, North Goa at Panaji (First Appellate Court) in Miscellaneous Civil Appeal No. 185 of 2010.

3. Inventory Proceedings no. 47/1997/B for partitioning the estate of the deceased Reginaldo Baptist Lobo and his wife Felicidade Fernandes, were instituted in the Court of learned Civil Judge, Senior Division, Mapusa (Trial Court), by their son Shri Vitorino Jose Mariano Lobo, since deceased. Prior to the impugned order, the petitioner no. 1 was the Cabeca de casal (administrator) in the said Inventory proceedings whereas as the other petitioners and the respondents were the interested parties. In the course of the proceedings, Cabeca de Casal listed certain properties as belonging to the deceased grand parents. The respondents no. 1 to 5 raised objections alleging that none of the properties listed in the list of assets belong to the estate-leavers and that the properties at serial nos. 1 to 5 belo




















































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