22002255::BBHHCC--GGOOAA::22117733 Jose IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO.396 OF 2025

1. Francis Correia, S/o Mr. Joseph Correia, 56 years of age married

2. Mrs. Josephine Correia, Indian national, 52 years of age Both residing at H.No. 5/202, Umta Vaddo, Calangute, Bardez-Goa. ... Petitioners.

Versus

1. Mr. Inacio Anthony Correia, Indian national, Major in age, Married to

2. Mrs. Josephine Correia (Since deceased through LR’s)

2(a) Agnelo Correia, Son of Inacio Correia, Major in age, married, 2(b) Espy Caldeira, Daughter of Inacio Correia, Major in age, married, 2(c) Stephen Eugene Caldeira, Husband of Espy Caldeira, Major in age, married, All residing at H.No. 5/208, Umta Vaddo, Calangute, Bardez-Goa. ... Respondents. Mr. Gaurish Agni with Ms. Ruchika Mishra, Ms. Leeandra Correia, Mr. Kishan Kavlekar, Mr. Madhav Cuncolienkar and Mr. Yash Naik, Advocates for the Petitioners.

Mr. Pranay A. Kamat, Advocate for the Respondents.

CORAM: VALMIKI MENEZES, J.

DATED: 15^th October, 2025

ORAL JUDGMENT:

1. Registry to waive office objections and register the matter.

2. Rule. Rule made returnable forthwith. With the consent of the parties, petition is disposed of finally.

3. The Petitioner has challenged an order dated 28.03.2025 passed by the Civil Judge Junior Division, Mapusa in Regular Civil Suit No.49/2010/F. This order has been passed on Exhibit D-83 which is an application to the Court to discard the written arguments filed by the Defendant Nos. 1 and 2.

The petition also seeks a direction to the Civil Court to draw up the decree on admission, against the Defendant Nos. 1 and 2.

4. The reliefs sought in this petition are pressed for in the following facts and circumstances.

a) The Plaintiffs/Petitioners herein filed RCS No.49/2010/F seeking a declaration that the Inventory Proceedings bearing No.255/2007/B are null and void, on the averment that the Plaintiffs, who are the children of Joseph Correia, who was one of the children of Joao Amancio Marcelo Lourdes Correia and Maria Rosada Rebello alias Maria Rosa Rebello alias Rosy Correia, whose assets were sought to be partitioned in the said Inventory Proceedings. The case of the Plaintiffs was that the Plaintiffs’ father had been left out from the Inventory Proceedings when he was a direct heir to the estate of his parents.

b) After notice was served on the Defendants, Defendant Nos.

1 and 2 who are the Respondent Nos. 1 and 2 herein, filed three affidavits; the first being of Inacio Correia (Defendant No.1), the second of Stephen Eugene Caldeira for himself as Corrections

2(c) 2(b)

carried out as Defendant No.2(b) and as Attorney of Defendant No.2(c), per order dated

12.11.2025 sd/- and the third of Inacio Correia who was the Attorney of Defendant No.2(a). Defendant Nos. 2(a) to 2(c) were impleaded in the suit on the death of Defendant No.2 Josephene Correia. The affidavits of Inacio at paragraphs 2, 3, 4 and 8 state that the prayer clauses (a) and (b) (the declaration that the Inventory is a nullity), may be allowed by the Court on the basis of admission; it further states that the entire case was against Defendant No.1 and that Defendant No.2, who has since expired and represented by legal representatives, have no objection for grant of the prayers. The affidavits further state that considering these facts, the Court may allow the suit as per the prayers made by the Plaintiff and considering the law.

2(c)

Stephen (Defendant No.2(b), in his affidavit for himself and

2(b)

as Attorney for Defendant No.2(c), has stated that he has Corrections carried out as per order dated made an application to allow the suit by way of admission

12.11.2025 2(b)

sd/- and that he, along with Defendant No.2(c) does not have any objection to allow the application and dispose of the suit. The same averments have been made by Inacio Correia, who is the Attorney of Defendant No.2(a).

c) On these affidavits being filed, the Plaintiffs filed an application seeking a decree on admission in terms of Order 12 Rule 6 CP