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2021 Supreme(Bom) 632

M.S.SONAK
Celia Fernandes – Appellant
Versus
Felicidade Vaz – Respondent


Advocates appeared:
Nitin Sardessai, Advocate, G. Panandikar, Advocate, A.F. Diniz, Advocate, Ryan Menezes, Advocate, Nigel Fernandes, Advocate

JUDGMENT

M.S. Sonak, J. - This Second Appeal was admitted on 15.03.2012 on the following substantial questions of law:

"1. Whether the said sale transaction entered into by the Respondent nos. 4 and 5 with the Respondent no.2 in respect of their undivided share in a specific property could be held to be valid when the Respondent nos. 4 and 5 were co-owners alongwith the Appellants herein of the property sold along with few other properties which were jointly inherited by them from their ancestors, especially in the absence of any partition/inventory ?"

2. The appellants are the original plaintiffs and the respondents are the original defendants in Special Civil Suit No.9/2006 instituted by the plaintiffs before the Ad-hoc District Judge-1, FTC-I, South Goa at Margao (Trial Court) seeking the following reliefs:

"(a) That by Judgment and Decree of this Hon'ble Court, the Deed of gift dated 14th October 1992 executed by the Defendant no. 1 in favour of the Defendant no. 2 registered under No. 202 at pages 588 to 595 dated 11/3/1993, and the Deed of Sale dated 26th December 1995, registered under No.27 at pages 462 to 498 dated 4/1/1996 be declared as null and void.

(b) That by Judgment a

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