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2013 Supreme(Bom) 1685

F.M.REIS
Jose Antonio Pedro Menino Fernandes – Appellant
Versus
Inacio Fernandes – Respondent


Advocates Appeared:
Mr. S.S. KAKODKAR, Advocate for the Appellants.
Mr. S.D. LOTLIKAR, Senior Advocate with Mr. P.S. LOTLIKAR and Mr. C. PADGAONKAR, Advocates for the Respondents.

JUDGMENT :

Heard Mr. S. S. Kakodkar, learned counsel appearing for the appellants and Mr. S. D. Lotlikar, learned Senior Counsel appearing for the respondents.

2. The above Second Appeal came to be admitted on the following substantial questions of law :

(i) Whether Courts below erred, misconstrued and misread the documents at Exhibit 40/C passed in Accao de posse Judicial process No.3379/47 of Tribunal da Comarca de Salcete (Auction of judicial possession process No.3379/47 of Civil Judge Senior Division, at Margao) which Order inter alia contain area, boundaries of the property and sketch, the said Judicial process instituted by late Joaquina Benedita Fernandes (Mother of the Appellant No.1) pursuant to the purchase made by her at judicial public Auction thereby affecting the decision of the case on merits.

(ii) Whether Courts below erred, misconstrued and misread the Order made in Inventory proceedings bearing No.82/84 of the Court of Civil Judge Senior Division, Margao which contains inter alia property of the Appellants bearing Land Registration No.35993, inscribed in the name of late mother of the Appellant under No.48895 in the Office of Sub Registrar, Margao, Matriz No.291 and



















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