Mr. Tome @ Thomas Nolasco Isidoro De Mendonca And 3 ORS. v. Mrs. Justina Preciosa Lobo And 12 ORS.

IN THE HIGH COURT OF BOMBAY AT GOA.

WRIT PETITION NO.668 OF 2016.

Mr. Tome @ Thomas Nolasco, Isidoro de Mendonca, s/o late Mr.

Joao Paulo de Mendonca and Mrs. Beatriz Isabel Angelina Pinto @ Beatriz Pinto 1(a) Mrs. Elizabeth Fernandes, widow, housewife, 1(b) Mr. Anderson Fernandes; major of age, Both r/o Zoidar Vaddo, Nachionola, Bardez, Goa.

1(c) Mrs. Carmine Pereira, major, married, housewife, through her constituted attorney Petitioner No.1(a) 1(d) Mr. Reginaldo Pereira, major, married, husband of Petitioner No.1(c) above, Both r/o Naigaon, District Thane, Maharashtra, through his constituted attorney Petitioner No.1(a).

1(e) Mr. Francis Mendonca, major, unmarried, service, through his constituted attorney Petitioner No.1(a).

1(f) Mr. Ignatius Mendonca, major, unmarried, service, Both r/o Zoidar Vaddo, Nachionola, Bardez, Goa, through his constituted attorney Petitioner No.1(a).

Mrs. Aramita Carlota Do Souza @ Aramita Carlota de Mendonca, widow of Petitioner No.1 above named.

Mrs. Maria Filomena Rita de Mendonca, @ Maria Filomena Rita Fernandes, d/o late Joao Paulo de Mendonca and Mrs.

Beatriz Isabel Angelina Pinto @ Beatriz Pinto Mr. Pedro @ Peter Paulo Francisco Lazaro Fernandes, (Since deceased) husband of Petitioner no.3 above named, All r/o Carona, Aldona, Bardez, Goa.

4(a) Mrs. Myra Fernandes, d/o Petitioner No.4 above named, 38 years of age, in service, married to 4(b) Mr. Elroy Alan Bismark Ribeiro (since deceased), represented by Petitioner No.4(a) above named, Both r/o Primos Park, C1, Flat No.G3, Corlim, Ilhas, Goa.

4(c) Mrs.

Blossom Loretta Fernandes, Wife of Respondent no.11 above named, about 38 years of age, housewife, Both r/o H. No.1289, Devereny, Carona, Goa.

........

Petitioners.

Versus

1.

Mrs. Justina Preciosa Lobo, Major of age, w/o late Eduardo Jose Francisco Caridade Pedro Nolasco Mendoca alias Caridade Mendonca;

Mr. Joao Agnelo do Mendonca, Major of age, s/o of late Caridade Mendonca;

Mrs. Loretta Alda Mendonca, Major of age, Mr. John Cyril Mendonca, Major of age, s/o of late Caridade Mendonca 5.

Mrs. Wilma Rose Mendonca, Major of age, 6.

Miss Vilma Mendonca, Major of age, d/o late Caridade Mendonca, all r/o Santarxette, Aldona, Bardez, Goa.

7.

Mrs. Molina Albuquerque, major of age, housewife, 8.

Mr. Caitaeno Rosario Bernard Albuquerque, major of age, service, Both r/o. H. No. B10, Birmottem, Bastora, Bardez, Goa.

9.

Mrs. Marina Dores Da Cunha, major of age, service, 10.

Mr. Antonio Francisco Xavier Da Cunha, major of age, service, Both r/o H. No. 212, Chriconduddi, Vasco-da-Gama, Goa.

11.

Mr. Diago Anthony Ferandes, major of age, service, House No.1289, Deverem Next to Auxilium Convent Carona, Bardez-Goa.

12.

Mrs.

Maggie Luiza Mascarenhas, major of age, housewife, 13.

Mr.

Roque Francisco Mascarenhas, major of age, service, Both r/o Athaide Residency, Above Eat and Drinks, Porvorim, Bardez, Goa.

........

Respondents.

Shri V. Amonkar, Advocate for the petitioners. Shri M. B. D'Costa, Senior Advocate with Shri G. Naik, Advocate for the respondent nos.1 to 6.

CORAM : F.M. REIS, J.

DATE : 9th December, 2016 ORAL JUDGMENT Heard Shri V. Amonkar, learned Counsel for the petitioners and Shri M. B. D'Costa, learned Senior Counsel for the respondent nos.1 to 6.

Rule.

Heard forthwith with the consent of the learned Counsel. The learned Counsel for the respondents waives service.

The learned Counsel appearing for the respective parties states that matter has been amicably settled and the parties have agreed to disposed off the petition. 5.

The consent terms have been signed by the Power of Attorney holder of the petitioner as well as by the duly

constituted attorney of the respondents. The minutes of order are taken on record and marked "X" for identification. Both the learned Counsel appearing for the petitioners and the respondents have also signed the minutes of order. The learned Counsel state that petition be disposed off in terms of the said consent terms.

6.

In view of the above, I pass the following:-

ORDER

(i) The impugned order dated 27.4.2016 is quashed and set aside by consent.

(ii) The petition stands disposed off in terms of the minutes of order marked "X" for identification (iii) The learned Judge is accordingly directed to dispose off the suit in terms of the minutes of order in accordance with law.

(iv) Rule is made absolute in the above terms.

F.M. REIS, J.

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