ROHIDAS DATTA POROB R/O PENHA DE FRANCA BARDEZ GOA Vs. HIRABAI ANGLE RESIDENT OF NEGOCIANTA DE CHINCHINIM SALCETE GOA

JUDGEMENT

(1.) HEARD Shri M. D'Souza, the learned Counsel appearing for the appellant, Shri J.P. Mulgaonkar, the learned Counsel appearing for respondents no.1,2(a) to 2(g) and Shri A. Kakodkar, the learned Counsel appearing for respondents No.4,5(a) to 5(f). Respondent No.9 is present in person.

(2.) THE learned Counsel seeks leave to delete the name of respondent no.3 from the cause title. Leave granted. THE name of respondent no.3 stands deleted from the cause title at the risk of the appellant.

(3.) DURING the course of the hearing of the above appeal, the learned Counsel appearing for the respective parties have pointed out that in the earlier proceedings before this Court being Appeal From Order No.24/2010 which came to be disposed of on the basis of the minutes of order dated 18/04/2011, it was inter alia contemplated therein that until the inquiry is concluded by the Inventory Court the appellant would function as the administrator of the estate/cabeca de casal. It is not in dispute that the inquiry as ordered by this Court has not been completed and the proceedings are in progress. In the meanwhile, the appellant filed an additional statement before the learned Judge which came to be opposed to respondents no.1 & 2 on one hand and respondents no.4 & 5 on the other hand. The objections were essentially that the appellant had not taken the oath of office and that he was not permitted by this Court to give any additional statement pending the disposal of the inquiry. By order dated 30/04/2012 this Court directed the appellant to take the oath of office in accordance with law. Accordingly, it is not disputed that such oath has been administered to the appellant. Hence, the first objection of the learned Counsel appearing for the appellant to the filing of the additional statement does not survive.