Somnath Nanda Naik Palang Vs Radhabai Purshottam Naik Palang and Others

Bombay High Court (Goa Bench) 25 Sep 2006 Appeal from Order No. 59 of 2006 (2006) 09 BOM CK 0123
Bench: Single Bench

Judgement Snapshot

Case Number

Appeal from Order No. 59 of 2006

Hon'ble Bench

Kakade P.V., J

Advocates

Nitin Sardessai, for the Appellant; M.S. Usgaokar and Mandar G.S. Khandeparkar, for the Respondent

Judgement Text

Translate:

Kakade P.V., J.@mdashRule. Rule made returnable forthwith.

2. Heard the learned Counsel for both the parties. This is an appeal preferred against the order passed by the Civil Judge, Senior Division in Inventory Proceeding No. 1/1992/A, adjudicating applications at Exhibits 44, 49 and 56 which were disposed of by common order as they were interconnected.

3. After hearing both the parties for sometime, it is pointed out that the validity of the will involved in this dispute is being adjudicated in Appeal No. 247/2006 pending before the District Court. It is also found that the impugned order cannot stand and by consent the impugned order passed by the lower Court is set aside and the matter is remitted to the Inventory Court for adjudication according to law pertaining to Exhibits 44, 49 and 56.

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