DENIS MAZARELLO Vs. IRITON MAZARELLO

JUDGEMENT

(1.) Admit. By consent heard forthwith.

(2.) Heard Shri Usgaonkar, the learned senior Counsel on behalf of the appellant/ applicant in Special Inventory Proceedings no. 74/2005/a and Shri Anthony D'silva, the learned Counsel on behalf of respondents No. 1 to 6.

(3.) Inventory Proceedings were initiated by the appellant/applicant Denis Mazarello upon the death of his parents Shri Inacinho mazarello and Smt. Annuciacao Mazarello, who left behind seven sons and three daughters. Respondent No. 1, Iriton Mazarello, now represented by learned Advocate Shri D'silva, was appointed as the Administrator on 26/07/2006 and by application dated 26/07/2006, the said Administrator enlisted two properties surveyed under No. 376/10 and 384/4 of Velim Village, being immovable properties. Apparently, none of the other interested parties filed any application for exclusion of the said two properties as contemplated by Article 1383 of the Civil Procedure code, 1939. Learned Advocate Shri Silva has drawn my attention to the application dated 12/03/2007 as an application for exclusion of the said two properties. In my view, the said application cannot be considered as an application for exclusion of the said two properties belonging to the inheritance. In the absence of any application for exclusion of the said two properties enlisted by the administrator by his application dated 26/07/2006, the learned Civil Judge, Senior Division was not at all justified in excluding the said properties.