Benny Fernandes Rep. Thr. Poa Julius D Silva Fernandes And ANR v. Rosinha Justiniana Fernandes Alias Rosy Justiniana Fernandes And 33 ORS.

2024:BHC-GOA:1666 AO 20 of 2024 Esha

IN THE HIGH COURT OF BOMBAY AT GOA

APPEAL FROM ORDER NO.20 OF 2024 BENNY FERNANDES REP. THR. POA JULIUS D SILVA FERNANDES AND ANR ... APPELLANTS

Versus

ROSINHA JUSTINIANA FERNANDES ALIAS ROSY JUSTINIANA FERNANDES AND 33 ORS.

... RESPONDENTS Mr. Chaitanya Padgaonkar with Ms. Vaishali Mahato, Advocates for the Appellants.

Mr. R. Frias, Advocate for the Respondents.

CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 3rd October, 2024 P.C.

Heard Mr. Padgaonkar for the Appellants.

2. Mr. Frias appears for the Respondents. He filed a reply affidavit raising preliminary objection to the jurisdiction of this Court.

3. Though the Appeal is filed before this Court challenging the order passed by the Inventory Court, the learned Counsel for the Respondents would submit that the valuation of the inventory as on the date of filing it is only Rs.6,50,000/-. According to him, the matter/Appeal would lie before the District Court and not before this Court.

3rd October, 2024

AO 20 of 2024

4. In view of the above fact, Mr. Padgaonkar appearing for the Appellants seeks liberty to withdraw the present Appeal in order to file it before the appropriate Court having jurisdiction.

5. Accordingly, leave is granted to withdraw the present Appeal with liberty to file it before the appropriate Court having jurisdiction.

6. The certified copy of the impugned order placed in the present file shall be returned to the Appellants, however, the same shall be replaced with a photocopy of it, so that the Appellants could file an Appeal before the appropriate forum accordingly.

7. The Appeal stands disposed of as withdrawn. BHARAT P. DESHPANDE, J.

Signed by: ESHA SAINATH VAIGANKAR Designation: Personal Assistant Date: 03/10/2024 14:14:39 3rd October, 2024