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2023 Supreme(Online)(Bom) 24906

BOMBAY HIGH COURT
RICARDO AGNELO TEIXEIRA AND 6 ORS. – Appellant
Versus
RAJESH VISHRAM SAWAL AND 9 ORS. – Respondent


JUDGMENT:

This is an appeal filed under Section 451(2) of Goa Succession, Special Notaries and Inventory Act, 2012, thereby challenging the impugned order dated 26.11.2019 passed by learned Trial Court in Inventory Proceedings No.39/2006. By the impugned order, learned Trial Court allowed the application for review of it’s earlier order dated 07.06.2018 filed by the Third Party/Interested Party/Respondent No.1 herein and allowed the application for intervention.

2. In nutshell, the facts leading to the present impugned order are as under.

3. After the death of Nicolau Rodrigues and his wife Amalia Fernandes, Inventory Proceedings were instituted by the legal heirs which was registered as Inventory Proceedings No.39/2006. During such Inventory Proceedings, it was observed that some of the heirs sold a specific share in the property left byNicolau Rodrigues and his wife Amalia, to a stranger by name Rajesh Sawal/Respondent No.1 herein. Entire property of the deceased couple is admeasuring 3525 sq. mts. and surveyed under Survey No.153/2 of Ela Village, which is one of the estates as described in the List of Assets submitted in the Inventory Proceedings. A Rectification Deed was also exe

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