Advocates:
['ADV ASHWIN D BHOBE', '', 'ADV KALPA DEVIDAS GOVENKAR', 'ADV FERNANDES ANNELISE', 'ADV AGHA IFTIKHAR', '', '', 'ADV FLAVIA FERNANDES', 'ADV KETAN MORAJKAR']

1

sa no.82 of 2019

IN THE HIGH COURT OF BOMBAY AT GOA

SECOND APPEAL NO.82 OF 2019

Ramkrishna Vithal Naik & Anr.

….Appellants

VERSUS

Mandir Madhu Naik & Anr.

….Respondents

Shri A.D. Bhobe and Ms Annelise Fernandes, Advocates for the

Appellants.

Shri I. Agha, Advocate for the Respondents.

Coram:- DAMA SESHADRI NAIDU, J.

Date:- 2 February 2021

ORAL ORDER :

The appellants filed Regular Civil Suit No.79/2013/C before the

Civil Judge, Junior Division, Ponda. They sought a declaration that the

inventory proceedings concluded in 2005 had been vitiated by fraud.

Consequently, they sought an injunction, as well. The suit was filed

against two defendants, who are the respondents here.

2. The respondents are the sons of the first appellant's deceased

brother. Through its judgment, dated 04.05.2018, the trial Court

dismissed the suit. Aggrieved, the appellants filed the first appeal:

Regular Civil Appeal No.71/2018, before the District Court–2, at Ponda.

On 28.12.2018, the First Appellate Court dismissed the appeal, thus,

affirming the trial Court's findings. Further aggrieved, the appellants have

filed this Second Appeal.

3. In the Second Appeal, the a