SUHAS G LOTLIKAR Vs. SURESH G LOTLIKAR

JUDGEMENT

(1.) Both these appeals arise out of the order dated 21/01/2008 passed by the learned Civil Judge, Senior Division, Margao in Special Inventory Proceedings No.2/2003/A (Old No.37/1990/A).

(2.) The dispute, in short, is that the appellants herein are seeking delisting of some properties, which are already listed in the Inventory Proceedings, started after the death of Estate Leaver late Govind Lotlikar. The matter had earlier reached this Court in Appeal from Order Nos.93/2007 and 94/2007, in which, by a judgment and order dated 21/11/2007, this Court had remanded the matter to the learned Civil Judge, Senior Division, Margao for rehearing the parties on the applications for delisting and for deciding the matter in accordance with law. After considering that the matter was pending for a long time, the Trial Court was directed to dispose of the same not later than 60 days from the receipt of the copy of the order. Thereafter, the Trial Court passed the impugned order, thereby rejecting the applications of the appellants/ interested parties as not maintainable, being barred by limitation and further "as they do not stand to test on merits".

(3.) Be that as it may, the learned Counsel for the parties, on instructions, fairly submit that the matter can be remanded back to the Trial Court for deciding the applications (Exhibit 43 and Exhibit 47) afresh, in accordance with law and after giving the parties opportunity to produce the documentary and oral evidence in support of their claim. In such circumstances, by consent, the following order is passed :