Sandesh Kamat Helekar v. Dr Anand Vencatexa Camotim Helekar @ Kamat Helekar

2025:BHC-GOA:2516 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

APPEAL FROM ORDER NO. 17 OF 2025

1. Mr. Sandesh Kamat Helekar, S/o late Dr. Anand Vencatexa Camotim Helecar, aged 47 years, Married, businessman Resident of Laxmi Bhuvan, Chinchwada, Chimbel, Tiswadi-Goa.

2. Priya Kamat Helekar, Wife of Mr. Sandesh Kamat Helekar, Major in age, Resident of Laxmi Bhuvan Chinchwada, Chimbel, Tiswadi, Goa.

(Amendment carried out as per order dated 03.11.2025) ... Appellants

Versus

1. Dr Anand Vencatexa Camotim Helekar @ Kamat Helekar And his wife

2. Sunanda Camotin Helekar, Both R-1 and R-2 Resident of Laxmi Bhuvan Chinchwada, Chimbel, Tiswadi, Goa. (since deceased) Represented by son 2(a) Dr. Santosh Kamat Helekar, 62 years of age, and his wife.

2(b) Dr. Mrs. Bharti Santosh K. Helekar 61 years of age, Both residents of Laxmi Bhuvan Chinchwada, Chimbel, Tiswadi, Goa.

(Amendment carried out as per order dated 03.11.2025) ... Respondents

Mr. J. Mulgaonkar, Advocate for the Appellants. CORAM : VALMIKI MENEZES, J. DATED : 18TH DECEMBER, 2025.

ORAL JUDGMENT:

1.

Heard learned Advocate for the Appellant.

2.

Rule. Rule is made returnable forthwith; at the request of and with the consent of the learned Advocate for the Appellants, the matter is finally heard and disposed of. Learned Advocate Mr. Jagannath Mulgaonkar waives service on behalf of the Appellants.

3.

The order impugned in this petition is dated 30.03.2021, passed by the Civil Judge Senior Division at Panaji in Inventory Proceeding No. 110/2013/A. The impugned order rejects the application dated 24.01.2018 for correction of an area of Item No. 1, which originally reads as 2268 sq. mtrs. (land under survey No. 10 of village Chimbel) which was to be corrected as having an area of 2380 sq. mtrs. The area of 2380 sq. mtrs is infact found recorded in the Survey Records of Form I & XIV. 4.

The order is cryptic without any reason and has not considered the document annexed to the application. From the

document, it is clear that the Survey Records of land under Survey No. 10 has an area of 2380 sq. mtrs.

5.

Consequently, the impugned order is quashed and set aside and the application dated 24.01.2018 is allowed. The Revised Chart, which is at Exhibit 16 of the Inventory Proceeding, which has a corrected area of Item No. 1, which reads as 2380 sq. mtrs. shall be accepted. The Inventory Court is now directed to pass the fresh order correcting the order dated 27.08.2014 at Exhibit 15 in the manner that the order shall read as Item No. 1 described having an area of 2380 sq. mtrs. This direction may be complied by 30.01.2026 based on an authenticated copy of this order.

6.

Rule is made absolute in the above terms. The Appeal from Order stands disposed of.

VALMIKI MENEZES, J.