Narcinha R. Kalangutkar And ANR., v. Usha Ulhas Kerkar And 4 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

SECOND APPEALS NO.26 & 27 OF 2018 SECOND APPEAL NO.26 OF 2018 Shri Narcinha R. Kalangutkar, Son of late Rajaram V.

aged 47 years, married, occupation-business.

Smt. Samruddhi N. Kalangutkar, Wife of Shri Narcinha R.

Aged 47 years, housewife Both residents of H.No.209/4, Peddem, Mapusa, Bardez, Goa.

.... Appellants V/s.

Smt. Usha Ulhas Kerkar, Wife of Shri Ulhas Sonu Kerkar, Aged 60 years, married, service, Resident of H.No.254/D1 "Sonalay", Xelpem, Mapusa, Bardez, Goa.

Smt. Waidehi Ratnakant Kerkar alias Himali Bhagwant Naik, Wife of Shri Ratnakant N. Kerkar, Aged 23 years, housewife, Resident of H.No.151, Dangui Colony, Alto Duler, Mapusa Goa.

Shri Sukhanand Rajaram Kalangutkar, Son of late Rajaram V. Kalangutkar, Aged 49 years, married, Government servant.

Smt. Sneha Sukhanand Wife of Shri Sukhanand Rajaram Kalangutkar, Major of age, housewife, Both residents of near Gothaniacha Chal, Karaswada, Mapusa, Bardez, Goa.

Smt. Alzira Flora Souza De Mello, Widow of late Francisco Joano Honorato Fernandes, Resident of Below Peddem, Mapusa, Bardez, Goa.

.... Respondents Shri Sudesh Usgaonkar and Ms. R. Pereira, Advocates for the Appellants.

Shri Parag Rao, Advocate for the Respondents No.1 & 2. AND SECOND APPEAL NO.27 OF 2018 Sukhanand Rajaram major of age, married, Indian National and his wife.

Smt. Sneha Sukhanand major of age, married, Indian National, Both Residents of near Gothanicha Chal, Karaswada, Mapusa, Bardez-Goa.

.... Appellants V/s Mrs. Alzira Flora Souza De Mello, W/o. of late Mr. Francisco Joao Honorato Fernandes, aged 73

years, retired, original R/o.

Below Peddem, Mapusa, BardezGoa.

Presently Residing In Rua Das Flores No.15 R/C-DTO, 2855199, Carroios, Portugal, Through her Power of Attorney Smt.

Devayani Keshav Naik, dated 06/03/2006 attested by Notary N.S. Porob, widow of Keshav Naik, major of age, housewife, Resident of Shetye Wada, Mapusa, Bardez-Goa.

(Appellant name deleted vide order dated 28/06/2012)

1. Smt. Usha Ulhas Kerkar, Wife of Mr. Ulhas Sonu Kerkar, Aged 55 years, married, service, Resident of H.No.254/D1 "Sonalay", Xelpem, Mapusa, Bardez, Goa.

Mrs. Waidehi Ratnakanr Kerkar alias Himali Bhagwant Naik, Wife of Mr. Ratnakanr N. Kerkar, Aged 27 years, married, housewife, presently Residing at H.No.151, Dangui Colony, Alto Duler, Mapusa - Goa, earlier having resided at H.No.4, Thorlebag, Keri, Pernem-Goa.

Shri Rajaram Vithal Kalangutkar, Since deceased represented by his LR's (A) Narsinha R. Kalangutkar, already being Respondent No.2.

(B) Samruddhi Narsinha

both resident of H.No.209/4, Peddem, Mapusa, Bardez-Goa.

Mr. Narsinha R. Kalangutkar, son of Rajaram V. Kalangutkar, Aged about 38 years, married, Mechanic, resident of H.No.209/4, Peddem, Mapusa, Bardez-Goa.

.... Respondents Shri S.D. Lotlikar, Senior Advocate with Ms. A. Naik, Advocate for the Appellants.

Shri Parag Rao, Advocate for the Respondents No.1 & 2. Coram:- NUTAN D. SARDESSAI, J.

Date:- 22nd NOVEMBER, 2018 ORAL JUDGMENT :

Heard.

2.

Both the appeals are admitted on the following substantial question of law:

(a) Whether the learned Appellate Court was in error in not considering the challenge to the application for rejection of the amendment to the written statement which was specifically raised in the cross-objection. 3.

Shri Parag Rao, learned Advocate waives service on behalf of the respondents no.1 & 2.

4.

The impugned judgment and order is quashed and set aside. The matters are remanded to the learned First Appellate

Court to redecide the appeals after deciding the question of amendment. All the contentions of the parties are left open. The learned First Appellate Court is directed to dispose off the matters as expeditiously as possible and in any event by 31/03/2019.

NUTAN D. SARDESSAI, J.

NH