VICTOR JOHN GOMES Vs. THOMAS JOHN GOMES

JUDGEMENT

(1.) THIS appeal is directed against the order dated July 17, 1996, passed by the learned motion Judge appointing Court Receiver in respect of the estate of the deceased John Domnic Gomes.

(2.) JOHN Domnic Gomes had two wives. He fathered five sons. Thomas and robert were born out of the wedlock of the first wife. Victor, Paul and Ochie were born from the second wife. John happened to have big estate. He was owner of 17 chawls. He also had jewellery and cash deposited in the fixed deposit. John died on October 9, 1993. He is said to have executed a Will on October 7, 1993 bequeathing his entire estate to three sons (Victor, Paul and Ochie) from the second wife. The testamentary petition for probate of the Will dated October 7, 1993 was filed by Victor, Paul and Ochie. Thomas and Robert, the two sons from the first wife entered caveat. The caveators took out notice of motion for appointment of Court Receiver in respect of the estate of the deceased. It was alleged that the estate is being mismanaged and dissipated by the petitioners.

(3.) THE notice of motion was contested by the petitioners. The affidavit in opposition was filed by Victor on November 10, 1995. Along with the affidavit in opposition, few documents were annexed showing the expenditure on various occasions.