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2017 Supreme(Bom) 634

NUTAN D.SARDESSAI
Jose Floriano Cristovam Pinto – Appellant
Versus
Michelle N. Pinto Souza – Respondent


Advocates Appeared:
For the Appellants : S.D. Lotlikar, R. Kantak
For the Respondents: Ashwin N. Ramani

JUDGMENT :

Nutan D. Sardessai, J.

1. Heard learned Advocate appearing for the respective parties. Admit.

2. Shri A. Ramani, learned Advocate waives notice on behalf of the respondents.

3. This is an appeal at the instance of the appellants/original defendants No. 2 and 3 challenging the order dated 3-6-2016 passed by the Ad-hoc Senior Civil Judge, Panaji by which she had secured the respondents/original plaintiffs by an order of injunction restraining them from alienating, creating any third party rights and/or in any manner interfering with any of the properties left behind by late Shri Alvaro Jose Teofilo Pinto, to the exclusion of the applicants, on the basis of the said Deed of Family Settlement and Relinquishment dated 21-6-2005 and/or the Deed of Succession dated 22-10-2012 till the disposal of the suit. Being aggrieved thereby the original defendants No. 2 and 3 are in appeal and who would be referred to in their original status for brevity's sake hereinafter.

4. Shri S.D. Lotlikar, learned Senior Advocate came to be heard on behalf of the appellants who submitted that the parents had distributed the property owned by them during their lifetime by the Deed of Settlement dated 21-






























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