M.S.SONAK
Mario Aleixo Guadalupe Da Costa – Appellant
Versus
Jose Aleixo Guilherme Da Costa – Respondent
JUDGMENT
M S Sonak, J. - Heard Mr. J. P. Mulgaonkar, learned Senior Advocate with Ms. Rupa Banaulikar, learned Counsel for the appellants and Mr. Sudin Usgaonkar, learned Senior Advocate with Ms. Tanvi Ghanekar, learned Counsel for the respondents.
2. Admit. With the consent and at the request of learned Counsel for the parties, the appeal is taken up for disposal finally.
3. The appeal is directed against the order dated 31.08.2019 made by the Inventory Court on the objections raised at Exhibits 46, 49 and 54 by the interested parties. The objections so raised were objected to by the head of the family by filing replies at Exhibits 53 and 55.
4. Mr. Mulgaonkar, learned Senior Counsel submits that Section 400(5) of The Goa Succession, Special Notaries and Inventory Proceeding Act, 2012 (the said Act) contemplates holding atleast a summary inquiry before the disposal of objections. He submits that in this case objections have been disposed of by the Inventory Court, without holding any such inquiry. He, therefore, submits that the impugned order is liable to be set aside on this ground alone.
5. Mr. Mulgaonkar, in the alternative, submits that even otherwise the reasoning of the Inventor
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