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2016 Supreme(Bom) 1046

S.B.SHUKRE
Tomas Shamson De Souza – Appellant
Versus
Nelly D’Souza – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: S.D. Lotlikar, J. Simoes
For the Respondent: Nitin Sardessai, Ms. G. Kakodkar

JUDGMENT :

Heard.

2. Rule. Rule made returnable forthwith. Heard finally by consent of the learned Counsel for the parties.

3. This petition challenges the legality and correctness of the judgment and order dated 4-3-2015 passed by District Judge-3, South Goa at Margao, in Miscellaneous Civil Appeal No. 80/2013.

4. The facts relevant for the purpose of the present petition are stated in brief as under :-

a. The respondent No. 1 is a daughter-in-law of Joaquim Santana D’Souza, who died on 31-10-2008 at Patnem, Collem, Canacona, Goa. As he left behind an estate, the respondent No. 1 as well as other legal heirs including husband of respondent No. 1, the petitioner herein, were desirous of having the estate left behind by the deceased partitioned amongst the heirs. Respondent No. 1, therefore, filed an application before Civil Judge, Junior Division at Canacona for initiation of Inventory Proceedings which came to be registered as Inventory Proceedings No. 18/2010. In these proceedings, widow of the deceased Joaquim Santana D’Souza, respondent No. 8 herein, was appointed as Cabeca de Casal or Administrator and was administered an oath by the Inventory Court.

b. Respondent No. 8 described th












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