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Bombay High CourtMCA/382/2018disposed of

Laximibai Dessai (Dec) Rep. By Attorney, Shivaji Dessai And 10 ORS., v. Surendranath Sripad S. Dessai And 8 ORS.,

2019-07-22Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 382 OF 2018 IN STAMP NUMBER MAIN NO. 2183 OF 2017 LAXIMIBAI DESSAI (DEC) REP. BY ATTORNEY, SHIVAJI DESSAI AND 10 ORS., ... Applicants

Versus

SURENDRANATH SRIPAD S. DESSAI AND 8 ORS., ... Respondents Mr. Valmiki Menezes, Advocate for the Applicant. Mr. B. D'Costa, Sr. Advocate with Ms. K. Betquecar Advocate for Respondent No.1.

Coram:- PRITHVIRAJ K. CHAVAN, J.

Date:- 22nd July, 2019 P.C.:

On 11.07.2019, this Court has passed the following Order:- "Mr. M.B.D'Costa, learned Senior Counsel for the respondent no.1 has filed on record a copy of the order passed by Senior Civil Judge, Mapusa dated 8.6.2018 in Inventory Proceedings no.128/65/C. It is taken on record and marked "X" for identification. The learned Counsel for the applicant seeks one week's time to take formal instructions from the applicants. At his instance, stand over to 18.7.2019."

MCA/382/2018

2. By consent, delay is condoned.

3. The learned Counsel for the applicant, on instructions, submits that as per Clause 6 of the consent terms dated 05.05.2018 at Exhibit D-10, liberty be granted to the parties to initiate appropriate proceedings or accounts or rectification of the survey records or any other claim which they may be legally entitled to in accordance with law. Since the said clause has already been incorporated in the draft, infact, it needs no reiteration. However, liberty is granted.

4. Thus, in view of the above, the Second Appeal stands disposed of. There is no order as to costs.

5. Pending applications shall also stand disposed of. PRITHVIRAJ K. CHAVAN, J.

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