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2015 DIGILAW 2054 (BOM)

Suhas G. Lotlikar v. Suresh G. Lotlikar

2015-09-01

C.V.BHADANG

body2015
JUDGMENT : Both these appeals arise out of the order dated 21/01/2008 passed by the learned Civil Judge, Senior Division, Margao in Special Inventory Proceedings No.2/2003/A (Old No.37/1990/A). 2. The dispute, in short, is that the appellants herein are seeking delisting of some properties, which are already listed in the Inventory Proceedings, started after the death of Estate Leaver late Govind Lotlikar. The matter had earlier reached this Court in Appeal from Order Nos.93/2007 and 94/2007, in which, by a judgment and order dated 21/11/2007, this Court had remanded the matter to the learned Civil Judge, Senior Division, Margao for rehearing the parties on the applications for delisting and for deciding the matter in accordance with law. After considering that the matter was pending for a long time, the Trial Court was directed to dispose of the same not later than 60 days from the receipt of the copy of the order. Thereafter, the Trial Court passed the impugned order, thereby rejecting the applications of the appellants/ interested parties as not maintainable, being barred by limitation and further “as they do not stand to test on merits”. 3. Be that as it may, the learned Counsel for the parties, on instructions, fairly submit that the matter can be remanded back to the Trial Court for deciding the applications (Exhibit 43 and Exhibit 47) afresh, in accordance with law and after giving the parties opportunity to produce the documentary and oral evidence in support of their claim. In such circumstances, by consent, the following order is passed : ORDER (i) The appeals are allowed. (ii) The impugned order dated 21/01/2008 is hereby set aside, subject to costs of Rs.10,000/-(in each appeals), payable to the respondent no.1. (iii) The costs shall be paid on or before 28/09/2015. (iv) The applications for delisting are remanded to the Trial Court for deciding the same afresh, in accordance with law, after giving the parties opportunity to produce documentary and oral evidence. (v) Parties to remain present before the Trial Court on 28/09/2015 at 10.00 a.m. (vi) The Trial Court shall decide the applications at exhibits 43 and 47 as also the Inventory Proceedings as expeditiously as possible and in any event, within a period of six month from 28/09/2015. (vii) The parties to co-operate for the time bound disposal of the matter. (viii) Rival contentions on merits are kept open. (vii) The parties to co-operate for the time bound disposal of the matter. (viii) Rival contentions on merits are kept open. (ix) The appeals are disposed of in the aforesaid terms.