LAWS(BOM)-2008-6-224

SITABAI VISHNU SHENVI DESAI Vs. STATE OF MAHARASHTRA

Decided On June 06, 2008
SITABAI VISHNU SHENVI DESAI Appellant
V/S
STATE (THROUGH CHIEF SECRETARY) Respondents

JUDGEMENT

(1.) RULE, returnable forthwith. Heard by consent.

(2.) BY the impugned Order, the Civil judge, Sr. Division, Mapusa has declined to pass any orders authorising the petitioner to sell the properties of the minor under Article 1488 of the Portuguese Civil Code.

(3.) ACCORDING to the learned Civil judge, such an application for authorisation may be considered and granted depending on the inventory proceeding or the interdiction proceeding. Since no inventory proceedings were brought to the notice, the learned Civil judge has dismissed the application as premature.