JOSE CRUZ FULGENCIO GOMES Vs. FLOSSY GOMES

JUDGEMENT

(1.) Heard Shri Usgaonkar, the learned Senior Counsel for the petitioner. None appears for the respondent. On 02/02/2015, this Court had noted the absence on behalf of the respondent and as such, last opportunity was granted to the respondent and it was stipulated that if none appears for the respondent on the next date of hearing, the matter shall be heard in her absence. Thereafter, on 10/02/2015 and 24/02/2015, time was sought by the learned Counsel for the respondent, which was granted. Today, again there is no appearance on behalf of the respondent. In such circumstances, I have heard the learned Senior Counsel appearing for the petitioner and the petition is being disposed of.

(2.) The petitioner is the head of the family (Cabeca da Casal) in Inventory Proceedings No.56/1993/A which is pending before the learned Civil Judge, Senior Division at Margao. It appears that there were three lists of assets filed. For the present purpose, we are concerned with the list at I Exh.18 in which, Item No.2 was described as under :

(3.) It appears that on 31/10/2002, an application was filed by the petitioner, which was styled as an application for amendment to the description of the assets whereby, description of the aforesaid item no.2 was modified / amended in order to show that the said property namely 'Gormando' alias 'Tinto', has got a building which has not been mentioned in the said item. As such, after the words " alias Tinto", the following sentence was added "together with the building which consists of old structure and new structure of ground plus 3 floors."