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2025 DAILYLAW 35420 (BOM)

ROMEO ISIDORE RODRIGUES AND 16 ORS (ALL PETITIONERS ARE REP. THR. POA JEREMIAS DSOUZA) v. JOSEPH FERNANDES AND 21 ORS

WP/196/2025 · 2025-08-08

Shri Valmiki Menezes

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2 WP-196-2025 Meena IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 196 OF 2025 ROMEO ISIDORE RODRIGUES AND 16 ORS (ALL PETITIONERS ARE REP. THR. POA JEREMIAS DSOUZA) ...Petitioners VS JOSEPH FERNANDES AND 21 ORS ...Respondents Mr. Siddharth Madgaonkar with Ms. Snehlata Sahani, Advocates for the Petitioners. Mr. Manguesh Harmalkar with Ms.Tanvi Satardekar, Advocates for the Respondents No. 1 to 13. Mr. Sirach Ferros, Advocate for Respondents No. 14 to 21. CORAM:- VALMIKI MENEZES, J. DATED :- 08th August, 2025 P.C.: 1. he parties to the petition have amicably settled their diferences and seek to ile Consent Terms, in terms of which the Inventory Proceeding No.379/2013/A/C, before the Civil Judge, Senior Division, Mapusa can be disposed of. he Consent Terms pertaining to Item No.1 listed in the List of Assets is land under Survey No.137/19 of Village Assagao, Bardez admeasuring 1300 square meters. It is stated by the parties that the Item No.2 in the inventory proceedings has been delisted and the inventory proceedings now covers the allotment of only Item No.1. 2. he Consent Terms are taken on record and marked ‘X’ for identiication. hey are duly signed by all the parties to the petition and their respective Advocates. he Petitioner Nos.1 to 17 are represented by 2 WP-196-2025 one Mr. Jeremias Dsouza through 4 power of attorneys which are found from records of this Court at page Nos. 239 to 367. he said Mr. Jeremias Dsouza is present in the Court and has identiied his signature on the Terms. He is identiied by his Advocate Mr. Siddharth Madgaonkar. Respondent Nos.2 to 13 who are represented by their duly consituted attorney Mr. Joseph Fernandes(Respondent No.1), is also present in the Court. Two Power of Attorneys of Respondent Nos.2 to 13 are found at page Nos.372 to 447. he Respondent Nos.14 to 21 are represented through Power of Attorney by Mr. Jeremias Dsouza which is at page No.448 to 547 and has identiied his signature on the Consent Terms. So also the said Mr. Jeremias Dsouza has identiied his signature on the Consent Terms which in turn has been identiied by the Advocate for the Petitioners. In addition to the Consent Terms and annexures thereto, the parties have produced a list of documents with 10 documents annexed thereto, which are at page Nos. 39 to 179 of the list. hey form an integral part of the Consent Terms. 3. As per the Consent Terms, the property at Item No.1 bearing Survey No.137/19 is partitioned and divided into two plots. Plot ‘A’ admeasuring 950sq. mtrs. is allotted to Petitioner Nos.1 to 17 and Respondent Nos.14 to 21 as co-owners whilst a plot ‘B’ admeasuring 350sq.mts allotted to Respondent Nos.1 to 13. 4. On perusing the Consent Terms, the same appear to be fair to the parties. he parties present in Court have all recorded their consent to the terms and have expressed their desire that the inventory Court dispose of the Inventory Proceedings in terms of the certiied copy of these terms which will be placed before the Inventory Court within two weeks from 2 WP-196-2025 today. he petition stands disposed of in view of the iling of the Consent Terms. he Civil Judge Senior Division, C Court, Mapusa dealing with the inventory proceedings No.379/2013/A/C, on receipt of the certiied copy of these Consent Terms, which shall be placed before the Court with the Powers of Attorney of the represented parties, shall proceed to dispose of Inventory Proceeding by drawing up a chart of partition relecting the Consent Terms arrived at between the parties and allotting Item No.1, which is now divided by metes and bounds in accordance with the plan at page No.48 of the Consent Terms. Drawing up of the Chart of Partition and Decree may be completed and the inventory proceedings be disposed of in three months from the date of this order. Parties to produce the authenticated copy of this order before the trial Court. Parties shall assist the Inventory Court by iling a draft Chart of Partition/Allotment within three weeks from today. 5. Parties to act on an authenticated copy of this order. VALMIKI MENEZES, J. Signed by: MEENA VISHAL BHOIR Designation: Private Secretary Date: 11/08/2025 17:37:56