MANUEL JOAO PEREIRA Vs. PASCOAL SEBASTIAO CARDOSO

JUDGEMENT

(1.) Appellant, a stranger to the family, who had purchased shares of most of the heirs of deceased Roselina and her husband, has filed this appeal to challenge order passed on 10. 6. 2002 by the learned Comarca Judge of salcete and Quepem entertaining respondent's application for exercising right of pre-emption.

(2.) The facts, which have given rise to the appeal are as under :

(3.) I have heard the learned Senior counsel Shri. M. B. D'costa for appellant and the learned Senior Counsel Shri. Usgaonkar for the respondent. There can be no doubt that respondent got knowledge of all the sale deeds, by the time, he filed his written statement in regular Civil Suit No. 73/96, as also the fact that he exercised his right of pre-emption only on 1. 2. 2000, by the application, which was allowed by the impugned orders. The question is whether in these set of facts, the application was time barred.