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2014 Supreme(Bom) 620

U.V.BAKRE
Lisa Rodrigues e Mendonca – Appellant
Versus
Eugenio Rodrigues – Respondent


Advocates Appeared:
For the Appellants:Thalmann Pradeep Pereira, Advocate.
For the Respondents:R1 & R2, Nitin Sardessai, R3 & R4, R. Gawas, Advocates.

JUDGMENT

1. Heard Mr. Pereira, learned Counsel appearing on behalf of the appellants and Mr. Sardessai, learned Counsel appearing on behalf of respondents no. 1 and 2.

2. Admit.

3. Heard forthwith by consent of the learned Counsel for the parties.

4. By this appeal, the appellants take exception to the order dated 24/07/2013 passed by the learned Civil Judge, Senior Division at Vasco-da-Gama ('trial Court'), on the objections dated 27/07/2012 filed by the respondents no 1 and 2 herein, in Special Inventory Proceedings No. 11/2011/A.

5. Respondent no. 3 initiated the said Inventory Proceedings No.11/2011/A on account of the death of her parents namely Mr. Macario Rodrigues, who expired on 15/03/2009 and Mrs. Yolanda D'Silva Rodrigues, who expired on 08/03/2010. By order dated 13/01/2012, the said respondent no. 3 was appointed as Cabeca da Casal and she filed the list of assets dated 06/06/2012. Respondents no.1 and 2 filed their objections to the said list of assets thereby praying to exclude the properties since they are either gifted by means of gift deeds or bequeathed by means of Wills by the deceased Estate leavers, free of collation. Mainly, they objected on the following grou























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