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2015 DIGILAW 1808 (BOM)

Sales Fernandes v. Domingos Francisco Fernandes

2015-08-06

F.M.REIS

body2015
JUDGMENT : Heard Mr.Valmiki Menezes, learned Counsel appearing for the petitioners and Mr. J.E. Coelho Pereira, learned Senior Counsel appearing for the respondents. 2. Rule. Heard forthwith, with the consent of the learned Counsel. Learned Counsel appearing for the respondents waives notice. 3. During the course of the hearing of the above petition, Mr. Valmiki Menezes, learned Counsel appearing for the petitioners and Mr. J.E. Coelho Pereira, learned Senior Counsel appearing for the respondents have pointed out that the parties have amicably settled their disputes and executed consent terms, inter se agreed the mode of allotment of the disputed assets which are the subject matter of the Inventory Proceedings No.353/2009/E pending before the learned Civil Judge, Junior Division, Mapusa upon the death of Cecilia Fernandes. The Consent Terms have been duly signed by the parties to the proceedings, along with their respective Counsel. The parties who are present in the Court have admitted the contents and accepted the Consent Terms. The Consent Terms are taken on record and marked “X” for identification. A copy of the General Power of Attorney of the respondents is also produced on record and is marked “Y” for identification. 4. In view of the above, the writ petition stands disposed of in terms of the Consent Terms marked “X” for identification. The learned Civil Judge, Jr. Division, Mapusa shall proceed to pass necessary orders in terms of the Consent Terms in the pending Inventory Proceedings. Rule stands disposed of accordingly.