Ursula Renha Rumaldina Soares And ANR v. Rosarinho M Fernandes And ANR

2025:BHC-GOA:2538 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO. 368 OF 2025 URSULA RENHA RUMALDINA SOARES AND ANR. ... APPLICANT

Versus

ROSARINHO FERNANDES AND ANR. ... RESPONDENTS Mr. Nigel Da Costa Frias with Mr. Shane Coutinho, Advocates for the Applicant.

Mr. Jose Reis, Advocate for the Respondent.

CORAM:- VALMIKI MENEZES, J.

DATED :- 22nd December, 2025 P.C.:

1.

Registry to waive office objections and register the matter.

2. By this application, the original Petitioner has sought permission of this Court to have the suit premises (i.e. Flat No. SF-1, 2nd Floor, Sumati Apartments, Clavaddo, Navelim, Salcete, Goa), de-sealed by the Bailiff of Civil Judge Senior Division at Margao in Regular Executing Proceeding No. 16/2023, to enable the Applicant to remove her personal items

from the said premises. The list of her personal items is placed on record, which are as under:

1. Gold

2. Documents (identification, ration cards etc.)

3. Husband's medical documents/reports.

4. Clothing

5. Crockery 3.

Learned Advocate Mr. Reis, appearing for the Respondents, submits that prior to sealing of the premises, the Bailiff of the Court prepared the inventory, which is listed on the part of the record of the Execution Proceeding. He submits that none of the above items have been listed in the Inventory Proceeding and there is every likelihood that the Petitioner would allege that such items are missing or have been removed by the Respondents.

4. Considering the submissions, the Executing Court i.e. the Court of Civil Judge Senior Division at Margao is directed to provide a Bailiff of that Court on 23.12.2025 at 2.30 p.m. to 6.00 p.m to enable the Bailiff to de-seal the premises and allow the Applicant in the presence of the Bailiff of the Court, learned Advocate for the Applicant and the representative of the

Respondents to remove her personal items. An inventory of the personal items shall be prepared by the Bailiff of the Court and countersigned by the Applicant, learned Advocate for the Applicant, representative of the Respondents and the Bailiff of the Court and the same shall be kept on the record of the Executing Court and of this Court. The said premises shall further be sealed.

5. It is made clear that no claim by the Applicant, alleging any of the items missing from the said flat, shall be entertained, and this order is granted to the Applicant on these terms.

6. The Application stands disposed of.

7. All parties to act on an authenticated copy of this order. VALMIKI MENEZES, J.