Jacinta Lobo And ANR., v. Antonio Ludovico Da Piedade Morais And 7 ORS.,

Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

SECOND APPEAL NO. 101 OF 2006

1. Smt. Jacinta Lobo, also known as Jacinta Pereira, r/o Guleacatto, Veroda, Cuncolim, Salcete, Goa

2. Joyce Lobo, also known as Jesma Pereira r/o Guleacatto, Veroda, Cuncolim, Salcete, Goa (amendment carried out as per order dated 23/9/2021) ... Appellants.

Versus

1. Shri Antonio Ludovico da Piedade Morais and his wife

2. Smt. Lourdes Alcacoas da Piedade Morais Both residents of H.No.1312, Altinho, Fatorda -Goa

3. Shri Vivekanand Paes, major of age, Advocate, son of late Antonio Avelino Paes,

4. Smt. Elizabeth Paes, wife of Shri Vivekanand Paes;

Both residing at House no 18-A, Baimfol,Assolna, Goa.

5. Shri Jonathan Paes, son of late Antonio Avelino Paes (deceased though LR's)

a) Mr. Steve Paes, son of late Jonathan Paes, 34 years of age, b) Mr. Roger Paes, son of late Jonathan Paes, 30 years of age, Both resident of H.nO.22-B, Baimfol, Assolna, Goa.

6. Smt. Patricia Paes, wife of Shri Jonathan Paes, Both residing at House no.22-B, Baimfol, Assolna,Goa.

7. Smt. Indira Paes e Fernandes, Major of age, daughter of late Antonio Avelino Fernandes

8. Shri Anthony Fernandes, Major of age, husband of Smt. Indira Paes e Fernandes;

Both residing at Santa Cruz, behind Canara Bank, Ilhas-Goa.

...Respondents.

Mr. J.P. Mulgaonkar Senior Advocate with Ms. Rupa Banaulikar, Advocate for the appellants.

Mr. M. B. D'Costa, Senior Advocate with Ms. K. Betkikar, Advocate for the respondents.

CORAM :

M. S. SONAK, J.

DATED :

23rd September 2021

ORAL JUDGMENT :

1.

Heard Mr. Mulgaonkar, the learned Senior Advocate, who appears along with Ms. Rupa Benaulikar for the Appellants and Mr. M.B. D'Costa, the learned Senior Advocate, who appears along with Ms. K. Betkikar for the Respondents. 2.

Mr. Mulgaonkar seeks leave to amend the cause title. This amendment is not opposed and, therefore, the same is allowed. The necessary amendment to be carried out forthwith. 3.

The learned Counsel for the parties hand in the consent terms dated 23 rd September, 2021. These consent terms are signed by the Appellants, as well as the Respondents. The Appellants and the Respondents are present in the Court, in person. They state that they have signed these consent terms after understanding their scope and import. They state that they want to compromise this matter on the terms that are reflected in the consent terms. 4.

The parties have been identified by the Advocates on record. The Advocates on record have also signed the consent terms.

5.

Accordingly, the consent terms are taken on record and marked as "X" for the purpose of identification. 6.

The second appeal is disposed of in terms of the consent terms as aforesaid. The impugned judgments and decrees will now stand modified in terms of the consent terms as aforesaid. M. S. SONAK, J.

Date: 2021.09.23 15:11:43 +05'30'

SANTOSH S MHAMAL