Paulo Judas Menino Costa v. The Chief Officer, Margao Municipal Council And 2 ORS
905-WP-388-23.DOC Santosh
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.388/2023 PAULO JUDAS MENINO COSTA
...Petitioner.
Versus
THE CHIEF OFFICER, MARGAO MUNICIPAL COUNCIL AND 2 ORS
...Respondents.
Mr Byron Rodrigues, Advocate for the Petitioner. CORAM :
M. S. SONAK & BHARAT P. DESHPANDE, JJ.
DATE :
18th July 2023 P.C. :
1.
Heard Mr Byron Rodrigues for the Petitioner. We are satisfied that this Petition is an abuse of the process of the Court. Te Petitioner has a private dispute with one of the co-owners Ms Geeta Prabhu. To pressure this private party, the Petitioner files a complaint with the Municipal Authorities and soon after that, rushes to this Court on the ground that the Municipal Authorities are not taking any action. All this is done without even impleading Ms Geeta Prabhu as Respondent.
2.
Tere are already inventory proceedings pending involving the Petitioner, Ms Geeta Prabhu and other co-owners of the property. Te Petitioner is appointed as the Head of the Family/Cabesa de Casal. Yet, the Petitioner institutes this Petition solely to pressure the said Ms Geeta Prabhu.
18/07/23
905-WP-388-23.DOC 3.
Te Petition involves disputed questions of fact, which are already being adjudicated before the Inventory Court. Accordingly, we are satisfied that this Petition is an abuse of the process of Court. 4.
We, therefore, dismiss this Petition, with costs of 10,000/-, ₹ payable to the Goa State Legal Services Authority (GSLSA). Such costs should be deposited in this Court within two weeks from today. If the costs are not deposited within two weeks from today, the GSLSA to pursue the matter for recovery of costs. 5.
A copy of this order should also be placed in the Inventory Proceedings No.RIP/143/2017/C pending before the Civil Judge, Jr. Division and JMFC, 'C' Court, Margao.
6.
Te Petition is disposed of.
BHARAT P. DESHPANDE, J. M. S. SONAK, J. SANTOSH S MHAMAL by SANTOSH S MHAMAL Date: 2023.07.18 19:27:00 +05'30'
18/07/23