AMELINO CLIFTON DE ROSARIO AZAVEDO Vs. NEWTON AZAVEDO

JUDGEMENT

(1.) Heard Mr. V.R. Tamba alongwith Mr. Vibhav R. Amonkar, learned Counsel for the petitioners and Mr. Valmiki Menezes, learned Advocate for the respondents No. 1 to 4.

(2.) The challenge in this petition is to the order dated 16.03.2018 made by the Adhoc District Judge-I, Fast Track Court, Mapusa dismissing the petitioner's appeal against order dated 19.10.2011 made by the Civil Judge Senior Division at Mapusa in inventory proceedings No. 316/99/A.

(3.) Mr. Tamba, learned Counsel for the petitioners submits that in this case the petitioner No. 2, who is the wife of petitioner No. 1 was neither impleaded as a party nor given any notice of the auction proceedings in the inventory. He submits that such impleadment and/or notice was a must because the petitioner No. 2, as a moiety holder, also had right, title and interest in the properties which were the subject matter of the inventory proceedings. Mr. Tamba referred to some decisions, including the decision in the case of Zacarias Durate Domingos Pereira vs. Camilo Inacio Evaristo Pereira 1990(1) GLT 174 and Aruna Devi N. Gaekwad vs. Sanjita Udaisingh Sardessai 2000 (2) GLT 479 in support of the proposition advanced by him.