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IN THE HIGH COURT OF BOMBAY AT GOA

Misc. Civil Application No.870/2019

IN

WRIT PETITION NO.366/2018.

Beena Martins @ Beena Zacharia

and 2 ors. … Petitioners.

Versus

Dr. Meenacshi Philomena Martins … Respondents.

Mr. Nigel da Costa Frias, Advocate for the Petitioner.

Mr. Somnath B. Karpe, Mr. A. Sawant and Ms. Asmita Tirodkar,

Advocates for the Respondent.

Coram : BHARATI H. DANGRE, J.

Dated :15^th JANUARY, 2021.

P.C.:

On 13.06.2018 the following order was passed by consent

and the petition was disposed of:

“Heard Shri Kantak, the learned Counsel for the

petitioners and Shri Pereira, the learned Senior Counsel

for the respondent, for some time.

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2. By consent of parties, the petition is disposed of in

the following terms:

(i) Both the impugned orders dated 20.12.2017 are

hereby modified.

(ii) The bailiff shall visit the house, in the presence of

both the parties and their Advocates and shall verify the

existence of the movables at item nos.1 to 33 in the list

of assets in the house.

(iii) The bailiff shall prepare a list of the items, which

are found in the house from out of item nos.1 to 33 and

shall also click photographs of such items only.

(iv) Parties shall co-operate with the bailiff for carrying

out the work assigned to him by this order and shall not

create any obstruction in the work of bailiff.

(v) The part of the order relating to issuance of the

letter to the Bank Manager of all the Banks mentioned

in the application at Exhibits D-30 and D-35 and a

direction to furnish details of the bank

accounts/deposits/lockers standing in the name of

Estate Leaver, is hereby maintained.

(vi) The petition is disposed of in the aforesaid

terms.

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2. The Misc. Civil Application seeks modification of the said

order as taken out by the petitioner and seeks the following reference:-

“A) That this Hon'ble Court may be pleased to modify

its order dated 13/06/2018 to the effect that the

Inventory Court be directed to appoint a commissioner

to verify the existence of the movable items nos.1 to 33

in the applicants house in the presence of both parties

and their advocates and to list such of them as are

found.

B) That the entire process of the inspection, verification

and listing of the assets by the court commissioner be

video recorded and carried out with police protection.

3. It is pertinent to note that the order dated 13.06.2018 was

passed by the consent of the parties. The respective Counsel for the

parties on deliberation, now consent for the bailiff to be accompanied

by an independent advocate, when he visits the house and verify the

existence of the movables at item nos.1 to 33 in the list of assets in the

house, in terms of Clause (ii) of the order dated 13.06.2018.

4. Both the respective Counsel agree as to the name of Ms.

Geena Almeida, Advocate who would accompany the bailiff on his

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visit to the house.

5. The learned Advocate whose name has been agreed, would

accompany the bailiff on the date which he is directed to visit the

house, in terms of the directions dated 13.06.2018, on 30.01.2021 at

11.00 a.m.

6. It is made clear that the Advocate will oversee the process

directed to be undertaken by the bailiff in Clause (ii) of the order

dated 13.06.2018.

7. The aforesaid modification has been consented by both the

parties.

8. The