SURESH ALIAS PRABHAKAR LAWANIS Vs. ARUN GAJANAN LAVANIS

JUDGEMENT

(1.) Challenge in these appeals is to the Order dated 26-3-2008 of the learned Civil Judge, Senior Division, at Bicholim.

(2.) The said Govind and Sitabai had four sons and one daughter and the latter has relinquished her share in the estate in favour of her four brothers, namely Gajanan, Kashinath, Sripad and Mohan. The said Gajanan died first and upon his death his son Arun initiated Inventory Proceedings bearing No. 31/96 and in the said inventory proceedings Suresh, being the Administrator/Cabeca de Casal, enlisted 7 properties which properties are sought to be excluded in the Inventory Proceedings No. 31/96, claiming that the said 7 properties exclusively belonged to Gajanan Govind Lavanis and not to his parents, the said Govind and Sitabai Lavanis. The Family Tree of Govind and Sitabai as well as the said Gajanan is produced hereinbelow and it is as follows: <p>Govind Atmaram Lavanis Sitabai Govind Lavanis | ---------------------------------------------- | | | | Gajanan Kashinath Sripad Mohan (dead) (dead) (dead) (living) | | | | 1. Suresh - 1. Suhas 1. Vidya 2. Rajanikant 2. Rekha 2. Seema 3. Anil 3. Jyoti 3. Poonam 4. Arun 4. Asha 5. Kishori

(3.) An inquiry was held into said claim for exclusion, filed by Suresh Gajanan Lavanis. In the said inquiry the said Suresh examined himself and closed his case. No other witnesses were examined. Upon considering the evidence produced in the inquiry, the learned Civil Judge, by the impugned order, held that the said 7 properties could not be excluded as they were the assets left behind by Govind Atmaram Lavanis. In otherwords, the learned Civil Judge, Senior Division did not accept the claim of said Suresh Gajanan Lavanis that they were the exclusive assets of his parents, namely the said Gajanan.