Subhash Shivnath Chodankar @ Subhash Chodankar And ANR., v. Satish Shivnath Chodankar And 28 ORS.,
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO. 923 OF 2015
1. Subhash Shivnath Chodankar, alias Subhash Chodankar, s/o Shivnath Chodankar, businessman, major of age, and his wife,
2. Smt. Pramodini alias Smita Chodankar, both residing at House No.278, D'Mello Ward, Carmona, Salcete Goa.
... Petitioners
Versus
1. Satish Shivnath Chodankar s/o Shivnath Chodankar, major in age, headmaster, and his wife,
2. Smt. Anjana Satish Chodankar, both Vidhyamandir High School, Chicalim, Adarshnagar, Vasco Goa.
3. Smt. Nalini Mahadev Raikar, wife of late Shri Mahadev Raikar, & daughter of late Shivnath Chodankar, residents of House No.364, Sacremward, Chinchinim, Salcete Goa.
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4. Shri Shrikant S. Chodankar, s/o late Shivnath Chodankar, and his wife,
5. Smt. Vinodini S. Chodankar, both resident of House No.236, Khareband, Margao, Salcete Goa,
6. Smt. Sudha Rama Raikar, daughter of late Shivnath Chodankar, and her husband, r/o Flat .No.S-2, near Ram-Sita Niwas, Colmorod, Margao, Salcete Goa.
7. Rupa Mandikandan Nair, & her husband
8. Mandikandan Nair, Both residents of Flat No.S-2, Near Ram-Sita Niwas, Colmorod, Margao, Salcete Goa.
9. Hema Ajay Vernekar, major of age, married to
10. Ajay Balkrishna Vernekar, both r/o PWD Quarters, Amona Quepem Goa.
11. Poma Rajesh Kerkar, major of age, married to 2/8
12. Rajesh Shashikant Kerkar, both r/o H.no.864, Colmorod, Navelim Goa.
13. Shri Bhicu Rama Raikar, (Expired) major of age, married to
14. Pallavi Bicu Raikar, r/o Flat No.S-2, Near Ram Sita Niwas, Colmorod, Margao, Salcete Goa.
15. Gajan Rama Raikar, Bachelor, r/o Flat No.S-2, Near Ram Sita Niwas, Colmorod, Margao, Salcete Goa.
16. Smt. Malini Pundalik Madkaikar, major in age, daughter of late Shivnath Chodankar, and her husband.
17. Shri Pundalik Ganasham Madkaikar, both residents of Silver Glease Apartments, 1st Floor, Khareband, Sirvodem, Margao, Salcete Goa.
18. Smt. Vilasini Shantaram Raikar ( Expired ) 18(a) Maneshwar Shantaram Raikar, Bachelor, major, r/o 2nd Floor, Rosamystica Bldg., near Chousiya Masjid, Sirvodem Margao, 18(b) Nandita Sanjay Karekar, 3/8
major of age & her husband 18(c) Sanjay Karekar, Both r/o Indushree Enclave, 1st Floor Pantamtoh, Bandora, Ponda Goa.
19. Shri Shantaram M. Raikar ( Expired) both residents of house no.22, Sirvodem, Margao, Salcete Goa.
20. Smt. Shalini Gurudas Lotlikar, alias Xalini Gurudas Lotlikar, major of age, daughter of late Shivnath Chodankar, and her husband.
21. Shri Gurudas Lotlikar, both residents of room no.5, Noronha Chawl, Colomrod, Navelim, Salcete Goa.
22. Smt. Anjani Anand Lotlikar, major of age, daughter of late Shivnath Chodankar, and her husband
23. Shri Anand Lotlikar, both residents of C/o Anand Datta Lotlikar, behind Textile Mill, St. Jose de Areal Railway Gate, 4/8
St. Jose de Areal, Salcete Goa.
24. Shri Pandurang Shivnath Chodankar, major of age, son of late Shivnath Chodankar, and his wife,
25. Smt. Shaila Pandurang Chodankar, both residents of H.No.35, Near Vithal Rakhmai Temple, Orlim, Salcete Goa.
26. Smt. Vasumati Prakash Raikar, daughter of late Shivnath Chodankar, and her husband
27. Shri Prakash Mahadev Raikar, major, both residents of Ponsulem, Chawdi, Canacona, Goa.
28. Smt. Sumitrabai Pradeep Dhavjekar, daughter of late Shivnath Chodankar and her husband
29. Shri Pradeep Dhavjekar, major, both residents of St. Britoes Apts. Co-op. Housing Society, Near Mapusa Clinic and Research Center, Ground Floor, G-5, Mapusa Goa.
... Respondents 5/8
Mr. Anthony Joe D'silva, Advocate for the petitioners. Ms. S. Pereira, Advocate for the respondent nos. 1 and 2. Coram:- F. M. REIS, J.
Date:- 7th December, 2016 ORAL JUDGMENT Heard Mr. A. D'Silva, learned counsel appearing for the petitioners and Ms. S. Pereira, learned counsel appearing for the respondent nos.1 and 2.
2.
Rule. Heard forthwith with the consent of the learned counsel.
3.
The learned counsel appearing for the respondent nos. 1 and 2 waives service.
4.
The challenge in the above petition is to the refusal to examine the objections raised by the petitioners to the list of assets to include the claim of improvement to the portion of the property 6/8
enlisted in the proceedings and as such objections were not raised within the time prescribed. It was pointed out during the course of the hearing that similar claims towards improvement were put up by the respondents. But however, the learned counsel appearing for the petitioners submits that in view of the arrangement between the parties, the petitioners will not press for their claim towards the improvement in terms of the application dated 07.09.2002. Similarly, the respondent nos. 1 and 2 have also accepted to delete the claim towards improvement in respect of the property enlisted at item no.1. Both the learned counsel have also placed on record the minutes of order disclosing the manner in which the properties enlisted in the Inventory Proceedings are to be allotted. 5.
Considering the limited challenge in the above petition as the petitioners are not pressing for their claim based on the objections raised in the Inventory Court and similarly the respondent nos. 1 and 2 have accepted to withdraw their claim towards the improvement as enlisted in the Inventory Proceedings, I find that the above petition can be disposed of accepting the said statement of the learned 7/8
counsel upon instructions.
6.
The question of disposing of the Inventory Proceedings on the basis of the minutes of order would not arise in the present petition. The learned counsel appearing for the parties have submitted that no interested parties have sought for auction though the Inventory Court has fixed the matter for auction. The minutes of order are as such marked 'X' for identification. The petitioners are at liberty to move the Inventory Court to examine the disposal of the Inventory Proceedings in terms of the minutes of order after hearing all the parties in accordance with law. The petition stands disposed of accordingly.
F. M. REIS, J.
at* 8/8