CONCEICAO DIAS Vs. TEREZINHA DIAS

JUDGEMENT

(1.) Rule, made returnable forthwith. Mr. Joshi, the learned counsel waives service on behalf of the respondents. Heard finally by consent of parties.

(2.) By this petition, the petitioner, who is the Head of the Family is challenging the order dated 6/12/2018 passed by the learned District Judge, at Margao in Miscellaneous Civil Appeal No.4/2018. By the impugned judgment, the learned District Judge has confirmed the order dated 7/11/2017 passed by the Inventory Court below application (Exhibit D-47) in Regular Inventory Proceedings No.186/2010/G. By the said order, the Inventory Court has allowed the application (Exhibit D-47) filed by the respondents for their impleadment as interested parties, on the basis of a Will dated 12/2/2016 executed by Milgraes Dias.

(3.) The only contention raised on behalf of the petitioner is that the application for impleadment could not have been allowed without an inquiry. For this purpose reliance is placed by the learned Senior Counsel for the petitioner on section 395 of the Goa Succession,Special Notaries and Inventory Proceeding Act, 2012 (Act, for short).