SALVACAO GONSALVES AND OTHERS Vs. PEDRO FERNANDES AND OTHERS
LAWS(BOM)-2017-3-306
HIGH COURT OF BOMBAY
Decided on March 27,2017

Salvacao Gonsalves And Others Appellant
VERSUS
Pedro Fernandes And Others Respondents

JUDGEMENT

F.M.REIS,J. - (1.) The challenge in the above Petition is to the Order dated 31.03.2016 passed by the Lower Appellate Court. By the impugned Order the learned Judge has partly allowed the Appeal filed by the Petitioners and included the assets at item no. 11 in the List of Assets and upheld the Order passed by the learned Inventory Court delisting item no. 9.
(2.) Mr. R. G. Ramani, the learned Counsel appearing for the Petitioners has pointed out that as far as item no. 9 is concerned, the Estate Leaver was a tenant of the subject property and such tenancy was derived from the Cabido. Learned Counsel further pointed out that the property at item no. 9 is in Survey No. 152/4 whereas the property at no. 11 is in Survey no. 152/4/B. The learned Counsel has thereafter taken me through the survey records to point out that the property in survey no. 152/4 stands in the name of one Benedicto Gonsalves and the property in Survey no. 152/4/B shows the occupant as Pedro Fernandes, who is the Respondent no. 1. The learned Counsel has further pointed out the case of the Petitioners has been established and, according to him though, it is claimed that the property of the Deao/Cabido, the survey records disclose otherwise. Learned Counsel further submits that the said Benedito Gonsalves was the original Cabeca de Casal, who had enlisted the property at item no. 9 but however, according to him in collusion with the Respondent no. 1, agreed to de-enlist the said property from the List of Assets. Learned Counsel further submits that the said Benedito Gonsalves has acted in a fraudulent position to de-list the estate from item no. 9 on erroneous consideration.
(3.) Learned Counsel has thereafter taken me through the Impugned Order as well as the objections raised by the Petitioners to point out that there were clear averments therein to show that it is the contention of the Petitioners that the whole exercise of raising the claim over the property at item no. 9 was in collusion with the said Benedito Gonsalves. Learned Counsel as such submits that the Impugned Order deserves to be quashed and set aside.;


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