Helen Lily Andrade., v. Cruz Agostinho Fernandes @ Cruz (Bosco) Augustine Fernandes @ Cruz Fernandes And 2 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

APPEAL FROM ORDER NO. 14 OF 2018 HELEN LILY ANDRADE., ... Appellant

Versus

CRUZ AGOSTINHO FERNANDES @ CRUZ (BOSCO) AUGUSTINE FERNANDES @ CRUZ FERNANDES AND 2 ORS., ... Respondents Shri Rohit Bras De Sa, Advocate for the appellant. Shri R. G. Ramani, Advocate for the respondent no.1. Shri P. Rao, Advocate for the respondent no.2. Shri V. Pangam, Advocate for the respondent no.3. Coram:- C. V. BHADANG, J.

Date:- 8th October 2018 P.C.

Heard for some time.

2. Shri De Sa, the learned Counsel for the appellant, on instructions, seeks leave to withdraw the appeal, with liberty to file a fresh application under Articles 405 and 434 of the Portuguese Civil Code before the Inventory Court, seeking all such reliefs, which are permissible.

3. In such circumstances and on hearing the learned Counsel for the parties, the appeal is disposed of as withdrawn. The appellant would be at liberty to file a fresh application under Articles 405 and 434 of the Portuguese Civil Code. If any such application is filed, the Inventory Court shall decide the same on its own merits and in accordance with law and without being

AO/14/2018 influenced by the observations and findings in the order dated 09/03/2018. The Inventory Court shall decide the application as expeditiously as possible and preferably, within a period of six months from the receipt hereof. In the circumstances, there shall be no order as to costs.

C. V. BHADANG, J.

SMA