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IN THE HIGH COURT OF BOMBAY AT GOA
VALMIKI MENEZES
Maria Marta Vaz – Appellant
Versus
Jacinta Pereira – Respondent
JUDGMENT :
VALMIKI MENEZES, J.
1. Rule. Rule made returnable forthwith. With the consent of the parties, Petition is disposed of finally.
2. The Petition challenges an order dated 15.10.2022 passed by the Civil Judge Senior Division at Mapusa in Inventory Proceedings Case No.154/2007/C/A whereby the Civil Court has re-opened the said Inventory Proceedings, purporting to exercise powers under Section 446 of the Goa Succession, Special Notaries And Inventory Proceeding Act, 2012 (‘The Act’). The second order which is impugned herein is an order of the District Court dated 05.04.2025 by which an Appeal filed by the Petitioner against an application for declaring a Will dated 15.06.2007 of the deceased Blandina Fernandes to be a nullity, has been dismissed; the trial Court, i.e. the Inventory Court, without holding an inquiry, had held by its order dated 29.05.2024 that the Petitioner had failed to prove that the said Will was void or a nullity.
3. The aforementioned Inventory Proceedings was filed in the year 2007 to allot the estate of late Victor Sebastiao Fernandes, the estate leaver. In that Inventory Proceedings, the wife of Victor, Blandina Fernandes was arrayed as an interested par
The Inventory Court cannot reopen final proceedings under Section 446 without the consent of all parties; disputes must be addressed through appropriate suits as per Section 447.
An Inventory Court lacks jurisdiction to reopen proceedings without consent when a counter-claim regarding the estate is pending, necessitating a separate suit for amendments.
The presumption of correctness is attached to partition proceedings until declared void, and the genuineness of a Will and the mental state of the testator can only be determined on appreciation of e....
(1) Amendment of plaint – At stage of amendment, merits or correctness of plea sought to be added is not required to be gone into.(2) Amendment of plaint – Partition suit – Mere delay in filing petit....
Remand of a suit must comply with specified circumstances; lacking sufficient evidence on record, the appellate court erred in ordering a retrial instead of addressing the appeal on merits.
An unchallenged judicial order remains valid and binding until vacated, and misinterpretation of procedural applications can lead to erroneous appellate decisions.
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