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2012 DIGILAW 239 (BOM)

Subash Chodanker v. Satish Shivnath Chodanker

2012-02-02

F.M.REIS

body2012
Judgment 1. Heard Shri Usgaokar, learned Counsel appearing for the Petitioners and Shri Thalman Pereira, learned Counsel appearing for the Respondents. 2. Rule. 3. Heard forthwith with the consent of the learned Counsel. Learned Counsel appearing for the Respondents waives service. 4. The above Petition challenges the Orders passed by the Courts below whereby an application filed by the Petitioners to consider the objections to the list of Assets, came to be rejected essentially on the ground that no such objections to the Assets came to be filed at the appropriate time. 5. Learned Counsel appearing for the Respondent nos. 1 and 2, who is the Cabeca de casal in the Inventory Proceedings, has taken me through the roznama of the proceedings and pointed out that there were objections raised by the Petitioners from time to time which are at exhibits 24, 26, 27 and 29 before the learned Trial Court and that the learned Judge on 21.12.2005, went on an assumption that no such objections to the Assets were filed by the interested parties. Both the learned Counsel as such pointed out that the learned Judge has gone on a wrong assumption that no objections were raised to the list of Assets. 6. Considering the said aspect, the following Order is passed by consent:- (i) The impugned Orders dated 17.08.2011 and 23.03.2010 passed by the Courts below are quashed and set aside. (ii) The learned Inventory Court is directed to decide the objections raised by the interested parties which are at exhibits 24, 26, 27 and 29, after hearing the parties in accordance with law. (iii) After such objections are decided, the learned Judge shall proceed to describe the Assets in accordance with law. (iv)Considering that the proceedings are pending for a long time, the learned Judge is directed to dispose of the said objections as expeditiously as possible preferably within six month. (v) Rule in the above terms. (vi)Petition is accordingly disposed of with no orders as to costs. 7. Authenticated copy of this Order be issued to the parties as per law.