VICTORINO GOMES Vs. FRANCISCO SANTANA GOMES

JUDGEMENT

(1.) IN this First Appeal, the challenge is to three separate orders, as set out below, namely :

(2.) THE Appeal against the judgment and decree dated 20th January, 1994 homologating the Chart of Partition dated 30th April, 1993 submitted by the respondent Minguel has been filed as per Article 1421. No separate or special appeal has been filed from the judgment and order dated 6th February, 1993 accepting the Chart submitted by Minguel and rejecting the Chart of Partition submitted by the appellants as no separate appeal lies and the same has been challenged under Article 1414 along with the final decree homologating the partition. In the said Appeal, appellants pray that the case be remanded back to the Trial Court to proceed with the re distribution in accordance with law and after taking into consideration the infirmities and deficiencies pointed out in the Memo of Appeal.

(3.) THIS Appeal arises from the Inventory Proceedings for partition of the estate on the death of Lourencio and his wife Rita Gomes, who left as their heirs and legal representatives six children i.e. one daughter and five sons and the properties in dispute viz. (a) "Dugla Penha" with houses; (b) "Remetilem" with houses; (c) 2 Paddy fields; (d) 2 Shops; and (e) Movables. The parties to the Inventory being majors it was open to them to resolve and agree with what they deemed fit in the matter of distribution of the estate as laid down in the Article 1393, clause (d) which reads as under :