Advocates:
['IN PERSON', 'ADV V KORGAONKAR', '', 'ADV DAKSHA LOTLIKAR', 'ADV JOCELYN MARIA GODINHO', 'ADV VLEDSON LUCIO BRAGANZA']

- 1 - AO 60 of 2016.

IN THE HIGH COURT OF BOMBAY AT GOA.

APPEAL FROM ORDER NO. 60 of 2016.

1.

Mr. Tarzan Da Costa, Son

of Paul D'Costa, Major,

married, Advocate and his

wife.

2.

Mrs. Louella De Souza e

Costa, Major, housewife,

daughter

of

Ernesto

Agnelo De Souza, Both

residents of Flat No.303,

Gaspar

Apts,

Mala,

Panaji-Goa.

3.

Mr. Caetano Infancio De

Souza, Son of Ernesto

Agnelo De Souza, Major,

bachelor,

Commercial

employee Resident of H.

No.128, Corte de Oiteiro,

Panaji-Goa.

......... Interested

Parties/

Appellants.

4.

Mrs. Maria Silvia Pinho De

Sousa, Resident of H.

No.128, Corte de Oiteiro,

Panaji-Goa.

......... Inventariante/Applicant.

Versus

1.

Mario Cornelio Francisco

De Souza

2.

Fausto Gerson De Souza

......... Inventariados/Deceased

Estate Leavers.

3.

Mrs. Maria Ivone De

Souza Rodrigues, Major,

housewife, Daughter of

Emidio De Souza And

Rosa Joaquina Luis De

Souza,

Resident

of

- 2 - AO 60 of 2016.

Restvel

Villa,

Nar

Corporation

Bank,

Aquem, Margao, Salcete-

Goa.

......... Cabeca

de

Casal/

Respondent.

Shri Tarzan Da Costa, appellant in person.

Shri J. E. Coelho Pereira, Senior Advocate with Shri V.

Korgaonkar, Advocate for the respondents.

Coram:- NUTAN D. SARDESSAI,J.

Reserved on:-20^th January, 2017.

Pronounced on:-17^th February, 2017.

JUDGMENT

Heard Shri T. Da Costa, appellant no. 1 in person

and also on behalf of the other appellants and Shri J. E. Coelho

Pereira, learned Senior Advocate for the respondents.

2.

Admit.

3.

Shri V. Korgaonkar, learned Advocate waives notice

on behalf of the respondents.

4.

It was the contention of Shri T. Da Costa, that the

Cabeca de Casal has not listed all the immovable properties in

- 3 - AO 60 of 2016.

the Inventory Proceedings which were initially initiated in 1945

on the death of Rosa Joaquina Luis De Souza and subsequently

in the proceedings continued thereafter on the demise of her

husband Emidio Simao Ismael de Souza in 1974. The Cabeca

de Casal had during the pendency of the Inventory Proceedings

executed the Deed of Relinquishment and Gift dated 24.01.1975

renouncing her share in the property of her father Emidio Simao

Ismael de Souza. The Deed of Assignment and Transfer was

executed by Maria Teresa De Souza, sister of the Cabeca de

Casal on 21.10.1976 ceding her right to the estate of her father

in favour of her brother Mario Cornelio Francisco De Souza i.e.

Inventariado. His son Ernesto Agnelo De Souza had executed

the Deed of Assignment on 10.1.1979 in favour of her brother

Fausto De Souza who during his life time sold 2/3^rd of his share

by the Deed of Sale dated 25.9.2006 to one Natalina Fernandes.

The other brother Mario had purchased from Natalina by the

Deed of Sale dated 12.10.2006 the 2/3^rd share of Fausto De

Souza earlier sold to her and therefore Mario was sole and

exclusive owner of the entire properties. The said Mario had

expired on 16.6.2007 while Fausto had expired on 20.10.2007.

5.

An application was filed by Maria, the Cabeca de

- 4 - AO 60 of 2016.

Casal as a precautionary measure under Sections 405 and 406

of the Portuguese Civil Code on account of the acts of

interference by the respondents. Shri T. Da Costa, further

submitted that an FIR was registered against the respondents

upon the locker being found empty on opening and therefore an

application was filed for temporary injunction which however

came to be dismissed by the order under challenge. No list of

assets was filed by the respondents. There was error in the

impugned order and there