Surendra Gajanan Samant (Deceased)Thr. Lrs v. Shamsundar Mahadev Samant

2026:BHC-GOA:837 6 CRA 30 2024 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL REVISION APPLICATION NO.30 OF 2024 SURENDRA GAJANAN SAMANT (DECEASED)THR. LRS ... APPLICANTS

Versus

SHAMSUNDAR MAHADEV SAMANT ... RESPONDENT Mr. Gajanan Samant/1(D), Legal Representative of the Applicant in person.

CORAM:- VALMIKI MENEZES, J.

DATED :- 17th April, 2026 P.C.:

1. On perusal of the impugned order, it is noticed that the District Court has entertained a Civil Miscellaneous Application No. 100/2022 against the challenge to the order dated 06.06.2018, passed by the Civil Judge Junior Division dealing with the Inventory Proceeding. Prima facie, the order appears to be without jurisdiction since such orders should be challenged in an Appeal under Section 451(2) of the Goa Succession Act.

2. The Inventory Proceeding was commenced by an application where the estate was valued by the Applicants at Rs. 50,000/-. Applicant No. 1(D), who appears in person, has submitted that till date, though the valuer is appointed by the Court, no valuation of the 17th April, 2026

6 CRA 30 2024 estate has been completed. Considering that the value as set down in the application for the purpose of deciding pecuniary jurisdiction is Rs. 50,000/-, the Appeal under Section 451(2) would lie to the District Court.

3. In this view of the matter, the present Civil Revision Application is not maintainable, since the Applicants have an alternate remedy of Appeal under Section 451(2) of the Goa Succession Act. The application stands rejected. Applicant No. 1(D), who appears in person, if so advised, to file an Appeal before the District Court with an application for condonation of delay.

VALMIKI MENEZES, J.

17th April, 2026