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IN THE HIGH COURT OF BOMBAY AT GOA

SECOND APPEAL NO. 89 OF 2003

Shri Sebastiao Paulo Fernandes

Registered Address : House

No.51, Ratwaddo, Navelim,

Salcete, Goa.

.. Appellant.

Versus

1.

Smt. Filomena Fernandes

Registered Address: House No.

51, Ratwaddo, Navelim,

Salcete, Goa.

.. Respondent

Mr. Galileo Teles, Advocate for the appellant.

Mr. S. D. Lotlikar, Senior Advocate wit Mr. G. Xettigar,

Advocate for the respondent.

CORAM :- U. D. SALVI,J.

RESERVED ON : 28

^th July, 2010.

PRONOUNCED ON : 4 ^th August, 2010.

JUDGMENT :

This appeal throws challenge to the judgment and

order dated 10^th June, 2003 passed by the Additional District

Judge, South Goa, Margao in RCA No.165/2001 for quashing

the judgment and decree of IIIrd Addl. CJSD, Margao

effecting division of the properties amongst the plaintiff and

the defendant in Special Civil Suit No.270/1995/III.

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2.

The appellant was the defendant in the said suit

instituted by his wife Filomina Fernandes - the respondent

herein, for the dissolution of their marriage and separation of

their properties and assets. The appellant disputed the

claim for divorce made by the respond