MARCUS NUNES ALIAS MARCOS NUNES S O LATE ESCOLASTICA PLACIDO NUNES Vs. FILOMENA SEBASTIANA DA PIEDADE FERNANDES

JUDGEMENT

(1.) THIS civil revision application is filed by the applicants/ original plaintiffs being aggrieved by the order dated 27th September, 1999 passed by the 1st Additional Civil Judge, Senior Division, Mapusa, in Special Civil Suit No. 50/98/sr (I), whereby the application of the defendants/respondents herein came to be allowed and the plaintiffs suit was kept in abeyance till further orders.

(2.) FROM the pleadings, it appears that the applicants herein/plaintiffs filed Special Civil Suit No. 50/98/sr (I) in the Court of 1st Additional Civil Judge, Senior Division, Mapusa against the defendants for declaration and for partition of the suit property, which was mentioned in para 12 of the plaint. The defendants appeared and filed written statement, wherein most of the averments made by the plaintiffs came to be admitted. More significantly, the averment of the plaintiffs with respect to the shares of the parties was admitted. In para 5 of the plaint, the plaintiffs have specified the shares of the parties with respect to the suit property as follows:-

(3.) THE defendants in para 5 of their written statement submitted that the contents of para 5 were admitted by them. They, however, thereafter made an application dated 8th April, 1999, submitting that since inventory proceedings upon the death of Andre Francisco Geraldo Nunces and Jose Marcelino Silvestre Nunes had not taken place, in view of the judgment of this Court in (Shri Cruz Ferandes and anothers v. Smt. Gregorina Estefania Sofia Fernandes and others), reported in 1991 (4) Bom. C. R. 400 : 1991 (2) Goa L. T. 42, the partition suit cannot proceed further. The plaintiffs opposed the said application by their reply. However, the learned Civil Judge, Senior Division passed the impugned order dated 27th September, 1999, allowing the application of the defendants and kept the suit in abeyance. Being aggrieved the plaintiffs have approached this Court now by way of filing the present Civil Revision Application.