1 IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITIONS NOS. 526 AND 527 OF 2009 ANGELINA COLACO E DIAS AND 4 ORS., … Petitioners V/S ANTONETA GOMES AND 4 ORS., …. Respondents Mr. C. Mascarenhas, Advocate for the Petitioners. CORAM : N.A. BRITTO, J. DATE : 23rd JUNE, 2010 ORDER : Heard. 2. The petitioner no.1 was the Administrator (Cabeca de Casal) in both the inventory proceedings. Both the inventory proceedings were taken up on 25/02/2008 by the learned Civil Judge senior Division. On that day, the inventory proceedings were fixed for submission of valuation report. Several other interested parties in the said two inventory proceedings had appeared before the Court. However, the learned Civil Judge, Senior Division finding that the Administrator/Cabeca de Casal was not present proceeded to dismiss the proceedings, for default of appearance. 3. Counsel on behalf of the petitioners submits that in case the petitioner no.1/Administrator was not present and had not taken the required steps, the option of other interested parties was to get him 2 removed. Counsel also submits that it is not the case that the inventory proceedings had remained interrupted for want of due diligence on behalf of the parties in terms of Article 290 of the Portuguese Civil Procedure Code. 4. The respondents were notified of these Writ Petitions. They were duly served, but have chosen not to remain present before the Court. The contention of the learned Counsel on behalf of the petitioner that the proceedings could not be dismissed for default on account of absence of the Administrator on 25/02/2008 appears to be both sound and reasonable. 5. In the light of that, these Writ Petitions succeed. Orders in both the inventory proceedings dated 25/02/2008 are hereby set aside and both the inventory proceedings are restored to file. The learned Civil Judge Senior Division is directed to expedite the said proceedings from the stage they were pending on 25/02/2008. Considering the facts, no orders as to costs. 6. Petitioners assure the Court that they will appear before the Civil Judge Senior Division on 30th instant, at 10.00 a.m. Counsel also assures the Court that other Counsel appearing on behalf of the interested parties in the said inventory proceedings will be duly 3 informed of the next date i.e. 30/06/2010. N.A. BRITTO, J. NH/-