IN THE HIGH COURT OF BOMBAY AT GOA WRIT PETITION NO. 154 OF 2008 SHAIK MUSTAQ AHMED IBRAHIM BEPARI AND 3 ORS., ... Petitioners Versus ZULEKHABI BEPARI AND 8 ORS., ... Respondents Mr. B. D' Costa, Senior Advocate with Ms. Madhumita Parab, Advocate for the Petitioners. Mr. M. S. Usgaonkar, Senior Advocate with Mr. I. Agha, Advocate for the Respondents. Coram:- A. P. DESHPANDE, J. Date:- 21st November, 2008 ORAL ORDER The petitioner nos. 1 and 3 are the children of late Shaik Ibrahim Lalasaheb Bepari and the respondent no.1 Smt. Zulekhabi Bepari. The petitioner nos. 2 and 4 are the spouses of petitioner nos. 1 and 3 respectively. After the demise of the father of petitioner nos. 1 and 3, who happens to be the husband of respondent no.1, the respondent no.1 initiated proceedings which are termed as Inventory Proceedings under the Portuguese Civil Procedure Code. The Inventory Proceedings are initiated and are pending on the file of Civil Judge, Senior Division, Panaji. The Inventory Proceedings are in the nature of proceedings to partition the estate of the deceased. The Respondent no.1 and her deceased husband was a Muslim couple. The Inventory Proceedings are initiated way back in the year 1995, where under an Administrator was appointed and after completing all the stages of inquiry, the estate of the deceased was put to auction. The present petitioners were the parties before the Court below and had every opportunity to raise all possible objections. The last objection raised by the present petitioners was to the auction scheduled to be held pursuant to the Order passed by the Court below. After rejection of the said objection, no appeal was carried against the said Order. However, the present Petition came to be filed raising all together new challenges and objections to the very maintainability of the Inventory Proceedings on the file of the Court below. The objections are as set out herein below : (i) That the respondent no.1 and her husband were married at Dharwad and were governed by Muslim Personal Law; (ii) The Inventory Proceedings initiated by the respondent no.1 before the Civil Judge, Senior Division at Goa, are not maintainable, as according to the learned Counsel for the Petitioners, only proceedings in relation to the estate of the deceased who are governed by Portuguese Law are competent to be tried by the Court. By so contending, the prayer for quashing of the proceedings has been made. 2. What is relevant to note is that the said objections were never raised at any point of time before the Trial Court and there is no adjudication in that regard. There is no Order passed by the Court below of which judicial review is sought. During the pendency of the proceedings before the Court below for last 12 years, none of the grounds raised in this Petition have been raised. The grounds raised involve the disputed questions of fact. It is a common ground that subsequent to the filing of the present Petition, an objection touching the ground of lack of jurisdiction is raised before the Trial Court and I am informed that the said objection has been rejected. Under Article 677 of the Portuguese Civil Code, an appeal lies against any judicial decision and thus it would be very much open for the petitioners to call in question the said Order which is said to have been passed after the filing of the Writ Petition. As the present Petition does not assail any Order passed by the Trial Court and as the contentions raised in the Petition involve adjudication of factual disputes, I decline to entertain the Petition. 3. In the result, there being no merit, Writ Petition is summarily dismissed. Needless to mention,that the interim relief granted, stands vacated. A. P. DESHPANDE, J. arp/*