- (1.) Leave granted. The High Court of Bombay at Goa has allowed Civil Appeal No. 41 of 2015 filed by the Respondents, set aside the order dated 29.07.2015 passed by the Civil Judge, Senior Division, Panaji in Civil Miscellaneous Application No. 38 of 2015 in Inventory No. 57 of 2015 and remanded the matter back to the Trial Court to re-examine the matter and pass fresh orders as far as possible within a period of one week from the date of the said order. By a separate order passed by the High Court on 24.08.2015, the High Court has on a statement made on behalf of the Respondent allowed the sealing to continue for a period often days from the date of the said order to enable the Petitioner herein to approach this Court for redress.
(2.) It is in our opinion unnecessary to set out in detail the factual matrix in which the controversy arises in this appeal. All that we need mention is that Civil Judge Senior Division Panaji had by his order dated 29.07.2015 allowed prayer 1(a) in part insofar the same related to enlisting of the property left behind by deceased Cosme Menezes. The Court also allowed prayer 1(b) insofar as the same related to sealing of the office premises mentioned in the said prayer. Besides the Court had granted prayer II in the application for enlisting of the articles and appointed Mr. Rui Gomes Pereira and Mr. M.P. Mulgaonkar, Advocates as Court Commissioners to oversee the sealing of the premises and listing by the Bailiff of the Court. The sealing was to continue till the enlisting was completed. The High Court has as seen above set aside the said direction primarily on the ground that the Trial Court had not recorded reasons for granting the prayers mentioned above and that it had also not recorded its satisfaction, that the grant of the said prayer was necessary in the interest of justice. The matter has on that basis been remanded back to the Trial Court to pass fresh orders on the subject.
(3.) Before us the matters were argued at some length by learned Counsel for the parties but at the end of the hearing both sides agreed that the sealing of the premises which part has been completed under the orders of the Civil Judge could continue till such time the enlisting of the properties/documents representing valuable securities, title deed etc. left behind by deceased Cosme De Meneze is also completed by the two Local Commissioners. It was submitted that instead of Local Commissioners nominated by the Trial Court, the enlisting of the documents/properties could be entrusted to persons who are not only close relatives of the parties but who enjoy the confidence of the parties as to their fairness and independence. The parties proposed the names of Cedric Menezes and Dale Menezes in this regard. It is further agreed that no sooner the Local Commissioners complete the process of enlisting, the premises shall be de-sealed by the bailiff concerned and user thereof allowed to be enjoyed by the Respondents. The list so prepared by the Commissioners appointed by us shall then be filed before the Trial Court for such use and further orders as may be legally permissible. Learned Counsel submitted that the order passed by the High Court could be modified to that limited extent.;