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Bombay High CourtAO/9/2018disposed of

Agostinho Cruz Pinto And ANR., v. Maria Augusta Pinto E Fernandes And 3 ORS.,

2019-02-27Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

APPEAL FROM ORDER NO. 9 OF 2018 AGOSTINHO CRUZ PINTO AND ANR., ... Appellants

Versus

MARIA AUGUSTA PINTO E FERNANDES AND 3 ORS., ... Respondents Mr. Shivan Desai, Advocate for the Appellants. Mr. F. E. Noronha, Advocate for the Respondent nos.1 and 2. Coram:- C. V. BHADANG, J.

Date:- 27th February 2019 P.C.

Mr. Desai, learned Counsel for the appellants, on instructions, submits that in view of the fact that the respondent no.4/Head of the Family has submitted the accounts, the appellants shall not press for the present appeal without prejudice to the right of the appellants to question the correctness of the accounts.

2. Mr. Noronha, learned Counsel for the respondent nos.1 to 4 submits that the respondent no.4/Head of the Family shall furnish the accounts (already submitted before this Court in pursuance to the order dated 23.08.2018) before the Inventory Court, within three weeks. Upon such production, it will be open to the Inventory Court to consider the rival contentions of the parties as to the correctness of accounts and pass appropriate

AO/9/2018 orders.

3. It is further made clear that this will not preclude the Inventory Court from proceeding with the auction.

4. The appeal is disposed off as withdrawn with no order as to costs.

C. V. BHADANG, J.

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