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2018 Supreme(Bom) 1777

N.M.JAMDAR, PRITHVIRAJ K.CHAVAN
Ramnath Narayan Pai, Son of Late Narayan Ramkrishna Pai – Appellant
Versus
Eknath Narayan Pai – Respondent


Advocates Appeared:
Nitin Sardessai, Adv., Deep Shirodkar, Adv., U.R. Timble, Adv., Yadika Mandrekar, Adv.

JUDGMENT :

N.M. Jamdar, J.

By this Appeal, the original Defendant nos.1 and 2 have challenged the judgment and decree dated 26 July 2010 passed by the learned Civil Judge Senior Division, Vasco, in Special Civil Suit No.20/2005.

2. The Respondent nos.1 to 4 are the original Plaintiffs. The Defendant nos.10 and 11 are purchasers of the properties. The other Defendants are the siblings of the Plaintiff.

3. The Respondent no.1, the Plaintiff, filed a Special Civil Suit seeking partition of various properties. The parents of the Plaintiff and the Defendants hailed from Karnataka and settled in Goa during the Portuguese regime. It is an admitted position that the parties are governed by Hindu Law and not by the law prevalent in Goa.

4. Narayan Pai was the father of the Plaintiff and the Defendants. He had four sons and seven daughters. Narayan expired on 11 November 1974. The mother of the Plaintiff and the Defendants expired in the year 1993. One of the sisters also expired.

5. According to the Plaintiff, their parents had acquired some properties in Goa. These properties are situated at Mundvel Vaddem, Vasco-da-Gama, Zuarinagar, Sancoale, Ella, Dongri, Tiswadi, Vaddem Vaso-da-Gama and certa













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