SHRI PRAKASH BALKRISHNA NAIK PRATAPRAO SARDESSAI AND SMT. JYOTI PRAKASH NAIK PRATAPRAO SARDESSAI, BOTH RESIDENT OF CORTALIM GOA Vs. SHRI SURENDRA BALKRISHNA NAIK PRATAPRAO SARDESSAI AND SMT. PUSPHA SURENDRA NAIK PRATAPRAO SARDESSAI, BOTH RESIDENT OF MARGAO

JUDGEMENT

(1.) P.C: HEARD Mr. Thali, learned counsel for the appellants and Mr. Ramani, learned counsel for the respondents.

(2.) By this Second Appeal, the appellants take exception to the judgment and decree dated 7/1/2011 passed by the Adhoc District Judge -2, FTC -II, South Goa, Margao in Regular Civil Appeal No. 174/2010 dismissing the appeal against order dated 8/8/2005 passed by the Civil Judge, Senior Division, Vasco -da -Gama in Special Civil Suit No. 45/1984/A. The appellants are the defendants in Special Civil Suit No. 45/1984 filed by the respondents/plaintiffs in the Court of Civil Judge, Senior Division, Vasco -da -Gama seeking partition of certain properties. The Trial Court by judgment and decree dated 10/12/1996 passed a preliminary decree holding that both the parties were entitled to equal shares in the suit property, against which, First Appeal No. 49/97 was preferred by the appellants herein. By judgment dated 22/3/2004, this Court disposed of the appeal, the operative part of which reads thus:

(3.) PURSUANT to the order passed by this Court, Shri Ernesto Moniz, a registered valuer was appointed as Commissioner by consent of both the parties. The Commissioner after giving an opportunity to both the parties to submit documents, gave his report. The Commissioner valued the share of the plaintiffs at Rs.4,28,055/ - (Rupees Four lakhs twenty eight thousand (fty five only).