Balkrishna Shankar Sawant Alias Balkrishna Putu Bando And ANR., v. Ganba Bagdu N. Dessai (Deceased) Thr. Legal Heirs/Rep. Son Of Late Bagdu N. Desai And ORS.,
Niti
IN THE HIGH COURT OF BOMBAY AT GOA
SECOND APPEAL NO.41 OF 2014
1. SHRI. BALKRISHNA SHANKAR SAWANT alias Balkrishna Putu Bando, son of late Shri. Shankar Sawant major age, occupation landlord (since deceased through legal representatives) 1(a) Ashish Balkrishna Sawant, Aged - 47 years, Resident of H.No.224, Palolem, Canacona, Goa.
1(b) Shradha Shashikant Kurdikar Daughter of late Balkrishna Sawant Age-46 years, married, And her husband, 1(c) Shashikant Vishnu Kurdikar Age-52 years Both residents of H.No.36, opposite George Apartments, Mala, Panaji, Goa 403 001.
1(d) Radhika Raya Naik Daughter of late Balkrishna Sawant (since deceased through her legal representatives) 1(d)(i) Pratha Raya Naik Age - 15 years, minor, 1(d)(ii) Luky Raya Naik, Age-13 years, minor,
The Appellants No.1(d)(i) and 1(d)(ii) are represented by their natural guardian, the Appellant No.1(e) 1(e) Raya Ganesh Naik Son-in-law of late Balkrishna Sawant Age-48 years, widower All residents of H.No.425, Devtewada, Behind C.T.N College, Curchorem, Goa.
2. SMT. YAMUNA BALKRISHNA SAWANT, wife of Appellant No.1, major age, housewife, Both residents of H. No.224, Palolem, Canacona, Goa.
....Appellants
Versus
1. SHRI. GANBA BAGDU NAIK DESSAI (DECEASED) through legal heirs/representatives son of late Shri. Bagdu Naik Dessai, (a) SMT. TULSI SADANAND NAIK daughter of late Shri. Ganba Bagdu Naik Dessai, of major age, housewife and her husband, (since deceased through her legal representatives) (b) SHRI. SADANAND M. NAIK of major of, retired, both residents of Holi Chakle Kuvawala Khacha, Banderi Poll, H.No.2251, Ahmedabad 380001.
(since deceased through her legal representatives)
Legal representatives of Respondent Nos.1(a) and 1(b):- 1 (a)(i) Dr. Smruti J. Killedar Daughter of late Sadanand M. Naik Major of age, married And her husband, 1 (a)(ii) Dr. Jyotindra Killedar major of age, married, 1 (a)(iii) Smt. Sujata S. Desai alias Sujata Joshi, Daughter of late Sadanand M. Naik Major of age, married And her husband 1 (a)(iv) Madhukar M. Joshi Major of age, married 1 (a)(v) Smt. Dolly Sudhir Daughter of late Sadanand M. Naik Major of age, married And her husband 1 (a)(vi) Shri Sudhir M. C.
Major of age, married 1 (a)(vii) Dr. Lakshmi Y. Meghrajani Daughter of late Sadanand M. Naik Major of age, married And her husband 1 (a)(viii) Dr. Yogesh Meghrajani major of age, married, All residents of Holi Chakle Kuvawala Khacha, Banderi Poll, H.No.2251, Ahmedabad 380001.
(c) SMT. ANURADHA B. PARTE, Velal Niwas, Second Floor, Room No.19, St. Xavier Road, Parle, Mumbai -
12. (deceased) Represented by legal heirs:
c(i) SMT. NITIN THAKUR and her husband c(ii) SHRI. NITIN THAKUR c(iii) SMT. SMITA AWAKSHI - DOCTOR and her husband c(iv) SHRI. AWAKSHI-DOCTOR c(v) SMT.
BHAKTI VISHWAS CHAWAN and her husband c(vi) SHRI. VISHWAS CHAWAN all residents of Vithal Niwas II floor, Room No. 19, St. Xavier Road, Parle, Mumbai 400012.
(d) SHRI. VASANT GANBA DESSAI (DECEASED) represented through his legal heirs/representatives (i) SMT.
YOJNA VINOD ZAMBAULIKAR, daughter of late Shri. Vasant Ganba Dessai, of major age, housewife, and her husband, (ii) SHRI. VINOD ZAMBAULIKAR of major age, both residents of H.No.
not known, near Damodar Saunsthan, Zambaulim, Quepem, Goa.
(iii) SHRI. YOGESHRAO VASANT DESSAI son of late Shri. Vasant Ganba Dessai, of major age, landlord, resident of H.No.
not known Nagorcem, Palolem, taluka Canacona, Goa.
(iv) SMT. NAMRTA DAMODAR PRABHUDESSAI daughter of late Shri. Vasant Ganba Dessai, of major age, housewife, and her husband (v) SHRI.
DAMODAR PRABHUDESSAI of major age, both residents of near Quepem Bazar, H.No. not known, Quepem Bazar, Quepem, Goa.
(vi) KUM. LAPITA VASANT DESSAI daughter of late Shri. Vasant Ganba Dessai, of major age, housework and her sister (vii) KUM. NIRMALA VASANT DESSAI daughter of late Shri. Vasant Ganba Dessai, of major age, housework and both residents of H.No. not known, Nagorcem, Palolem, Canacona, Goa.
2. SHRI. SHRIRANG PUTU BANDO (NOW DECEASED) represented through his legal heirs (a) SHRI.
SAMIR SHRIRANG BANDO alias Sawant, son of late Shri.
P. Bando, of major age, employed and
his wife;
(b) SMT. NIMA SAMIR SAWANT alias Bando, of major age, employed;
(c) SHRI. RAJENDRA S. SAWANT alias Bando, son of late Shri. Shrirang P.
Bando, of major age, employed and his wife;
(d) SMT.
REKHA RAJENDRA SAWANT alias Bando, of major age, employed;
3.
SMT.
ANUCIA SHRIRANG BANDO, widow of late Shri. Shrirang P.
Bando, of major age, housewife, Residents of Tara Temple Lane, Dr.
Badkamkar Marg, Mumbai 400007.
(deceased represented by 2(a) to 2(d).
4.
SHRI.
PUNDALIK PUTU BANDO, son of late Shri. Putu Bando, of major age, employed and his wife;
5.
SMT.
ANJANI PUNDALIK BANDO, of major age, housewife;
(since deceased through her legal representatives) 5(a) Shri Hemant Pundalik Bando, Son of late Anjani Pundalik Bando, Major of age, bachelor, Resident of B-103, Anant Sadan, 2nd floor, Juhu Church, Juhu, Mumbai - 49.
6. SMT. VANITA JAIWANT BANDO
widow of late Shri. Jaiwant Bando of major age, housewife and her children (deceased represented by R-7 to R-16)
7. SHRI. BALAN JAIWANT BANDO son of late Shri. Jaiwant Bando, of major age, employed;
8.
SHRI.
PUSHKAR JAIWANT BANDO son of late Shri. Jaiwant Bando, of major age, employed;
9. SHRI. AJAY JAIWANT BANDO son of late Shri. Jaiwant Bando, of major age, employed;
10.
SHRI.
SHARAD JAIWANT BANDO son of late Shri. Jaiwant Bando, of major age, employed;
11.
SMT. NILAMBAI JAIWANT BANDO of major age, housewife, 12.
SMT.
VRINDA AVINASH KELSHIKAR daughter of late Shri. Jaiwant Bando, housewife, and her husband
13. SHRI. AVINASH KELSHIKAR of major age, employed
14. SHRI. SAGAR JAIWANT BANDO son of late Shri. Jaiwant Bando, of major age, employed and his wife, (since deceased through his legal representatives)
14(a) Shri Amit Sagar Sawant, Son of late Sagar Bando Sawant, Major of age, married, And his wife, 14(b) Smt. Poonam Amit Sawant, Major of age, married, Both residents of Kehsav Co-operative Housing Society Ltd., Third Floor, Block No.10, Pitambar Lane, Mahim, Mumbai 400016.
15. SMT. USHA SAGAR BANDO of major age, house, all residents of Keshav Co-operative Housing Society Ltd., Third Floor, Block No.10 Pitambar Lane, Mahim, Mumbai 400016.
16.
SHRI.
ROHIDAS NARAYAN BANDO son of late Shri. Narayan Bando of major age, employed and his sister (deceased represented by R-17 and R-18) 17.
SMT. ASHITA RAJNIKANT KATKUL daughter of late Shri. Narayan Bando of major age, housewife and her husband
18. SHRI. RAJNIKANT KATKUL of major age, employed all residents of H.No. not known Ville Parle, Mumbai.
....Respondents Mr Sudesh Usgaonkar with Ms Rosette Pereira, Advocates for the Appellants.
Mr Abhay Nachinolkar with Mr Siddhant Dhakankar, Advocates for Respondent Nos.1(d)(i) to 1(d)(vii).
CORAM:
M. S. SONAK, J.
Reserved on:
Pronounced on:
1st MARCH 2024 4th MARCH 2024 JUDGMENT :
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3 2014 (6) ALL MR 141
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M. S. SONAK, J.
NITI KISHOR HALDANKAR HALDANKAR Date: 2024.03.16 16:32:53 +05'30'