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Bombay High CourtFA/11/2023disposed of

Candida Conceicao Texeira Freitas, Thr. Const. Poa, Maria Lucia Castelino v. Ganganeli Jose Julio Pereira And 11 ORS

2023-12-15Hon'Ble Shri Justice M. S. Sonak2 pages

FA 11 of 2023 Niti

IN THE HIGH COURT OF BOMBAY AT GOA

FIRST APPEAL NO.11 OF 2023 WITH CIVIL APPLICATION NO.16 OF 2023 FIRST APPEAL NO.11 OF 2023 CANDIDA CONCEICAO TEXEIRA FREITAS, THR. CONST. POA, MARIA LUCIA CASTELINO ... APPELLANT

Versus

GANGANELI JOSE JULIO PEREIRA AND 11 ORS ... RESPONDENTS WITH CIVIL APPLICATION NO.16 OF 2023 CANDIDA CONCEICAO TEXEIRA FREITAS, THR. CONST. POA, MARIA LUCIA CASTELINO ... APPLICANT

Versus

GANGANELI JOSE JULIO PEREIRA AND 11 ORS ... RESPONDENTS Ms T. Menezes, Advocate for the Appellant.

Mr O. Thakur, Advocate for the Respondents.

CORAM:- M. S. SONAK, J.

DATED :- 15th December, 2023 P.C.:

Ms T. Menezes, learned Counsel for the appellant, on instructions, places on record judgment and order dated 28.07.2023 (Coram: M.S. Karnik, J.) in Appeal From Order No.4/2023 and submits that given this judgment and order, First Appeal No.11/2023 may be disposed of. 15th December, 2023

FA 11 of 2023

2. Mr O. Thakur, learned Counsel for the respondents in this appeal does not object to the disposal of the appeal.

3. Ms Menezes points out that the appellant was initially impleaded as a party in the inventory proceedings in which the order impugned in First Appeal No.11/2023 is made. However, by a subsequent order dated 04.02.2022, the appellant was deleted as one of the parties in the inventory proceedings.

4. Accordingly, the appellant has instituted an Appeal From Order No.4/2023 to challenge the order dated 04.02.2022. This Appeal From Order was dismissed by judgment and order dated 28.07.2023. Thus, the deletion of the appellant as a party in the inventory proceedings was upheld.

5. Accordingly, the request for disposal of this appeal is correctly made. The appeal is disposed of without any order for costs. The judgment and order in Appeal From Order No.4/2023 to be retained in the file of this appeal.

6. The Civil Application No.16/2023 in First Appeal No.11/023 does not survive and is disposed of.

M. S. SONAK, J.

K HALDANKAR Date: 2023.12.16 12:43:16 +05'30'

NITI K HALDANKAR 15th December, 2023