Advocates:
['MISS PRIYANKA P KAMAT', '', 'SUDESH USGAONKAR', 'M P ALMEIDA']

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IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 266 OF 2004

1.

Shri Antonio Agostinho Gomindes

resident of House No.169, Ward No.III (3),

Housing Board Road, Gomindes,

Vivenda, Next to Playground Gogol,

Margao Goa.

2.

Smt. Fatima Gomindes

resident of House No.1189, Ward No.III (3),

Housing Board Road, Gomindes,

Vivenda, Next to Playground Gogol,

Margao Goa.

3.

Smt. Elvira Gomindes Estiberio

resident of House No.11606,

Ward No.IV(15) Part,

Raymond Marlem Hill, Margao, Goa.

4.

Shri Herert Estibeiro,

resident of House No.1606,

Ward No.IV(15),

Raymond Marlem Hill, Margao, Goa.

5.

Kum. Saphira Estiberio,

represented by power of attorney

Petitioner No.4 resident of

House No.1606, Ward No.IV (15),

Raymond Marlem Hill, Margao, Goa.

6.

Shri Lourdes Gregorio Gomindes

resident of House No.235,

Daguale, Alto , Maina Curtorim,

Salcete, Goa

7.

Smt. Maria Piedade Milagres Fernandes,

wife of said Lourdes Gomindes,

resident of House No.235,

Daguale, Alto , Maina Curtorim,

Salcete, Goa

…...

Petitioners

V e r s u s

1.

Shri Milagres Santana Gomindes,

aged about 71 years, landowner,

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resident of House No.234,

Daguale, Alto , Maina Curtorim,

2.

Smt. Letinha Rebelo E Gomindes,

wife of the said Milagres Santana Gomindes,

aged about 61 years, resident of House No.234,

Daguale, Alto , Maina Curtorim,

Salcete, Goa

…...

Respondents

Mr. M. S. Usgaonkar, Senior Advocate with Mr. Sudesh Usgaonkar and Ms.

R. Pereira, Advocate for the Petitioners.

Mr. M. P. Almeida, Advocate for the Respondents.

CORAM: R. M. SAVANT, J.

DATE : 7 ^th December, 2009.

ORAL JUDGMENT

By the above Petition filed under Article 227 of the Constitution of

India, the Petitioners take exception to the Order dated 25.03.2003 passed by

the learned District Judge, Margao, by which Order, the Appeal filed by he

Petitioners being Misc. Civil Appeal No. 44/2003, came to be allowed and the

Judgment and Order passed by the learned Civil Judge, Senior Division,

Margao, dated 25.03.2003 in Inventory Proceedings no. 146/92/C came to be

set aside.

2.

Some of the facts which are necessary to be cited for the

adjudication of the present Petition are stated thus :

The present Inventory Proceedings have their genesis in the

Inventory Proceedings bearing no. 221/1940. The said Inventory

Proceedings were commenced on the death of one Agostinho Gomindes, In

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the said Inventory Proceedings, an auction was held on 26.08.1940 in respect

of two assets which were enlisted. Maria, the wife of said Agostinho

Gomindes, took item no.1 and item no.2 which was enlisted in the said

proceedings was auctioned in equal shares amongst the three children.

Thereafter, the allotment was made absolute by Order dated 27.09.1940. It

appears that in 1942, the said Maria Gomindes got married in second nuptials

with one Roque Miguel Gomindes and they had two children. The said Roque

expired in the year 1958 and no Inventory Proceedings took place on his

death. It appears that the said Maria died in the year 1992 upon which, an

application was made by Lourdes Gomindes on 29.09.1992, inter alia stating

that the charge of the Head of the Family should be given to his elder brother

Milagres Gomindes. The said Milagres was appointed as the Cabeca de

Casal by the Court. Subsequently, the said Milagres by a statement made on

oath, submitted the list of heirs and undertook to produce a list of assets within

thirty days. On 22.06.1994, the said Milagres Gomindes made an application

under Article 1430 of the Portuguese Civil Code stating that the said

application be placed on record and to direct that the prior Inventory i.e.

221/1940 should proceed further incorporating the present Inventory in the

prior Inventory and by serving notices to the interested parties mentioned in

the statement of the Head of the Family recorded at present. On the said

application, an endorsement was made on behalf o