SHRIPAD YESSO NAIK Vs. VASUDEV YESSO NAIK

JUDGEMENT

(1.) Heard Mr S. D. Lotlikar, Senior Advocate who appears along with Ms S. Kenny, Mr T. Sequeira, Mr Sarvesh Sawant and Ms P. Volvoikar, for the Appellants and Mr Shivan Desai for the Respondents.

(2.) This appeal is directed against the Judgment and Decree dtd. 31/8/2017 made by the Ad-hoc District Judge-1, FTC Panaji (First Appellate Court) allowing the Regular Civil Appeal No.301/2010, setting aside the Judgment and Decree dtd. 6/6/2009 made by the Civil Judge, Senior Division at Panaji (Trial Court) in Special Civil Suit No.50/2001/A and decreeing the said Suit. In terms of the impugned Judgment and Decree, the Wills executed by Yesso and Jayashri Naik dtd. 14/1/1985 before the Notary - Ex-Officio of Margao were declared ineffective.

(3.) The first appellant is the original first defendant, and the appellants no.2(a) to 2(f) are the legal representatives of the second defendant in Special Civil Suit No.50/2001/A. The first and second respondents were the plaintiffs in the said suit. Respondents 3 to 11 were defendants 3 to 11 in the said suit. Since the real contest is between the appellants and the first and the second respondents, they shall be referred to as the defendants and the plaintiffs, respectively, even for the purposes of this appeal.