SUHAS GOVIND LOTLIKAR Vs. ANJALI NARAHARI RAIKAR

JUDGEMENT

(1.) ADMIT. By consent head forthwith.

(2.) THE appellant Suhas Lotlikar in Appeal from Order No. 93/07 had filed objections to delist certain properties from the inventory proceedings by his application dated 3. 3. 2004. The appellant Anil Lotlikar in Appeal from Order No. 94/07 had made an application dated 12. 4. 02 wherein he has challenged the valuation done by the valuer and in the body of the application also mentioned certain items to be deleted.

(3.) THE learned trial Court, by the impugned Order of 2. 5. 05, was pleased to consider the objections filed by Smt. Satyawati Govind Lotlikar, the widow and the two appellants along with their wives, in so far as valuation report is concerned and rejected the same. The grievance of the appellants is that the learned trial Judge did not address himself at all to the issues pertaining to delisting of the items as set out in their respective applications. On the other hand, on behalf of the contesting respondents, the learned Counsel points out that the list had already been filed in the court. A conjoint reading of Article 1379 and Article 1383 of the Portuguese Civil procedure Code, would disclose that the said applications were not maintainable. This issue also has not been gone into by the learned Judge, as the issue of delisting would also have a bearing on valuation. Those findings are also being set aside for de novo consideration.