LAWS(BOM)-2006-11-168

DEVIDAS PAINGUINCAR Vs. REKHA BABU NAIK

Decided On November 24, 2006
DEVIDAS PAINGUINCAR Appellant
V/S
REKHA BABU NAIK Respondents

JUDGEMENT

(1.) Heard the learned Counsel for the appellant. None appears for the respondent, though served.

(2.) This is an appeal against the order passed by the Comarca Judge of Salcete and Quepem at Margao dated 6/01/2003, deciding the third party application in decided Inventory Proceeding No. 12/99/c and directing that the inquiry should be conducted as the ownership of the property is in dispute.

(3.) The Civil Miscellaneous Application No. 16 of 2000 came to be filed before the lower Court in decided Inventory Proceeding No. 12/99/c wherein, third party alleged that there was fraud committed by the inventariante that the property which was subject matter of the inventario belonged to the inventariante. It was further alleged by the third party that no document was produced to prove the title of ownership in favour of the inventariante nor possession was with the inventario and it was also alleged that third party was in possession of the property.