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2021 Supreme(Bom) 1296

MANISH PITALE
Franciso Savio Gaspar Noel Da Lima Leito @ Gaspar Noel Da Lima Leitao (dec. ) Thr. Lrs – Appellant
Versus
Eric Jose De Lima Leitao – Respondent


Advocates appeared:
Sudin Usgaonkar, Advocate, Vinita Palyenkar, Advocate, C. A. Coutinho, Advocate, B. Khandeparkar, Advocate

JUDGMENT

Manish Pitale, J. - The appellants in this appeal filed under section 451(2) of the Goa Succession, Special Notaries and Inventory Proceeding Act, 2012, have challenged an order dated 7/1/2019 passed by the Court of Adhoc Senior Civil Judge, Vasco-da Gama, in Special Inventory Proceedings No.4/2010/A, whereby an application filed under section 402 of the aforesaid Act has been dismissed.

2. The brief facts of the present case are that- the respondent no.1 initiated the aforesaid inventory proceedings under the then applicable Family Laws of Goa, Daman and Diu, upon the death of the mother of respondent no.1. The respondent no.1 was appointed as Head of Family in the said proceedings initiated on 7/9/2010. He filed a list of assets on 23/4/2020, including properties at four locations. On 20/7/2012, the appellants being the legal heirs of the brother of respondent no.1 filed their objections to the aforesaid list, marked as Exhibit 41. The appellant sought exclusion of part of a property at "Marautanga" (Item no.4) in the list of assets as also the property at "Guloi" (Item no.5a) in the aforesaid list and similarly, exclusion of parts of properties at "Ponderachixira"(Item 5b

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