1 IN THE HIGH COURT OF BOMBAY AT GOA, PANAJI­GOA CIVIL REVISION APPLICATION NO. 186/2000. 1. Narayan R. Bhandare (now deceased) through his legal representatives 1(a) Sitakant Narayan Bhandare, major and his wife 1(b) Smt. Manda S. Bhandare, major, married, both r/o. 12, Raj Mahal, 1st Floor, Fontainhas, Panaji­Goa. 1(c) Shanta Ramakant Borkar, major, married, residing at D/202 Madhu Vihar, M.G. Road, No.4 Kandivli, West Mumbai 400 067 and her husband, 1(d) Ramakant Anant Borkar, (now deceased) through his legal representatives (d­i) Girish B. Desai and his wife (d­ii) Maya G. Desai, both r/o. Sitaladevi Temple Trust, Lady Jamshedji Road, Mahim, Mumbai 400 016. (d­iii) Anand A. Shanbag and his wife (d­iv) Pradnya A. Shanbag, C B Shanta Co­op Housing Society, Moghul Lane, Mahim, Mumbai 400 016. (d­v) Dinesh R. Borcar and his wife (d­vi) Sumita D. Borcar, both r/o. D 202 Madhu Vihar Mahatma Gandhi Cross Road No.4, Kandivoli (West), Mumbai 400 007. 1(e) Sulochana Ramesh Deshpande major, and her husband 1(f) Ramesh Ramkrishna Deshpande major, married, both residing at RB III 273/13 Central Railway Quarters, Near Loco Work Parel West, Mumbai 400 012. 2. Anussaiabai N. Bhandare (now deceased) 2 wife of No.1 Narayan R. Bhandare through her Legal Representatives Petitioners 1(a) to 1(f) 3. Laxmimikant S. Bhandare, (now deceased) through his legal representatives 3(a) Deepak L. Bhandare, major and his wife 3(b) Durga, alias, Sonia D. Bhandare, General Bernardo Guedes Road, Panaji, Goa. 4. Kunda L. Bhandare, r/o. Vila Olivent Marchon, Gen. Bernardo Guedes Road, Panaji, Goa. 5. Bhaskar L. Bhandare, (deceased) r/o. Talpavaddo, Cumbharjua, Ilhas, Goa. 6. Madhuri B. Bhandari (now deceased) through her legal representatives (a) Dr. D.B. Bhandari (b) Mrs. Dalia D. Bhandari r/o. Plot No. 57, Shreya Kranti Nagar, Alto Betim, Bardez, Goa. (c) Mr. S.S. Kanvinda (d) Mrs. Anish Kanvinda, Vijayalaxmi Aparts. Nimbalkar Colony, Near Kavla Naka Kholapur, Maharashtra. (f) Mr. R.B. Prabhu Desai (g) Mrs. Bharati Prabhu Desai both r/o. 685 Plot No.119 Nagali Hill, Dona Paula. 7. Surendra H. Bhandare, r/o. Talpavaddo, Cumbarjua Ilhas, Goa. 8. Ravindra H. Bhandare, r/o. Talpavaddo, Cumbharjua, Ilhas Goa. 9. Millan R. Bhandare, r/o. Cumbarjua, Talpavaddo, Ilhas Goa. 10.Malini H. Bhandare, spinster, Cumbarjua, Talvaddo, Ilhas Goa. 11.Rajani H. Bhandare, r/o. Cumbarjua, Talpavaddo, Ilhas, Goa. 12.Sarojini H. Bhandare, r/o. Cumbarjua, Talpavaddo, Ilhas, Goa. 13.Sindhu H. Bhandare, r/o. Talpavaddo, Cumbarjua, Ilhas, Goa. 3 14.Swaroopa H. Bhandare, r/o. Cumbharjua, Talpavaddo, Ilhas, Goa. 15.Dinanath N. Bhandare, r/o. Block C­r Adharsh Colony, Caranzalem, Ilhas, Goa. 16.Kamlabhai D. Bhandare, (since dec.) through legal heirs r/o. Adharsh Colony, Caranzalem. (a) Mrs. Asha Balwant Talwadkar (b) Mr. Balwant Kalyan Talwadkar Both residing at : H/F­1, Alcon Estate, Tonca, Miramar, P.O. Caranzalem, Ilhas­Goa 403 002. (c) Mrs. Lata Prakash Kamat (d) Mr. Prakash Shivram Kamat Both residing at : House No. 668, State Bank Colony, Torda, Porvorim, Goa. 17.Narcinva V. Bhandare, (now deceased) through his representative (a) Vilasini Bhandari Housing Board Colony, Porvorim. 18.Manikbai V. Bhandare, widow, r/o. Caranzalem, (expired) (name deleted as per order on exh. 57) 19.Prabhakar V. Bhandare, r/o. Laxmi Niwas, Kevnem, Caranzalem, Ilhas, Goa. 20.Rajanikant K. Bhandare, through his attorney Morto K. Bhandare, r/o. H.N. 11 Ward no.12, Dona Paula. 21.Rajendra V. Bhandare, r/o and his wife 22.Sunita R. Bhandare, both r/o. Central Bank Colony, G­3 La Campala, Miramar, Panaji, Goa. 23.Sushila V. Kare and her husband 24.Vassudeva V. Kare, both c/o. Fancy Textiles, Mafatlal Showroom, New Bazar Cloth Market, Margao, Goa. 25.Pandurang Fotu Bhandare, and his wife 26.Miradula P. Bhandare, 4 r/o. Ashirwad Bldg. S. Ines, Panjim 27.Subhash Fotu Bhandare (since deceased through legal representatives Pet. Nos. 27(a) to 27(f)) (a) Sudhir S. Bhandare and his wife (b) Sharda S. Bhandare (c) Sudesh S. Bhandare and his wife (d) Subadha S, Bhandare (e) Sachin S. Bhandare and his wife (f) Shreya S. Bhandare all r/o. Gogola, Margao. 28.Susheela S. Bhandare, r/o. Gogola, Margao 29.Jayant F. Bhandare, r/o. Rua Abade Faria, Margao 30.Urmila J. Bhandare, r/o. Rua Abade Faria, Margao, Goa. ...... Petitioners Versus 1. Laximibai Mukund Bhandare (now deceased) through her L.R.s Respondents 2 to 13 2. Auduth M. Bhandare and his wife 3. Sheela A. Bhandare both r/o. G.I.D.C. Gonsalves Bldg. Opp. Eldorado, Panaji, Goa. 4. Ashok M. Bhandare and his wife 5. Aruna A. Bhandare Both r/o. Housing Board Colony Alto Porvorim, Bardez Goa. 6. Ajit M. Bhandare r/o. Talpavaddo, Cumbarjua Goa. 7. Abhay M. Bhandare C/o. Ideal High School, Taleigao, Ilhas Goa. 8. Sulabha C. Bhandari alias Sulabh Arun Vaidya C/o. Goa Urban Co­op Bank Mapuca Branch, Mapuca, Goa. 9. Geeta M. Bhandare, spinster, r/o. Talpavaddo, Cumbharjua, Ilhas, Goa. 5 10.Gulab Satyavan Kossambi and her husband 11.Satyavan Kossambi, both r/o. Sanguem, Goa 12.Vanita Motilal Neurekar and her husband 13.Motilal Vishnu Neurekar both r/o. 123/2 Sayali Apartments 14.Dr. Shrikant Keshav Bhandare 15.Dr. Suhashini S. Bhandari both r/o. Abdul Court Housing Coop. Society, Near Suryavaunchi Marg, Off Cadette Road, Dadar, Bombay 400 016. 16.Shantabai K. Bhandare (now deceased) through her L.R.s Pet. 14,15,16 to 22. 17.Sheela Chandrakant Bhandare, widow 18.Neeta C. Bhandare alias Neeta Vishwesh Sanzguiri 19.Sanjiv C. Bhandare 20.Meera Keshav Bhandare, spinster 21.Kunda G. Dharvadkar 22.Gurudas Dharvadkar Respondents 16 to 22 are r/o Saptarshi Coop. Housing Society, 28/1335, Sardar Nagar No.3, Koliwada, Sion, Bombay 400 022. 23.Hemalata Vishnu Kulkarni (now deceased) and husband 24.Vishnu Kulkarni (now deceased) (a) Anil Vishnu Kulkarni and his wife (b) Anita Anil Kulkarni (c) Arun Vishnu Kulkarni and his wife (d) Shilpa Arun Kulkarni (e) Ajit Vishnu Kulkarni and his wife (f) Asha Ajit Kulkarni (a) to (f) r/o. Narayan Mansion P.O. No.6 Sawantwadi, Sindhudurg Maharashtra. 25.Mohanbai Vassudeu Keni r/o. Sanvorkato, Cuncolim. 26.Vassudev Datta Keni (expired) through his legal representative 26(a) Smt. Mohinibai V. Keni widow of late Vasant D. Keni 6 r/o. Sanvorcoto, Cuncolim, Salcete, Goa. The said Mohinibai Keni is already on record as Respondent No.25. 26(b) Shri Khushal Chand V. Keni son of late Vasant D. Keni major in age, and his wife 26(c) Smt. Rekha Khushalchand Keni, major in age, both r/o. 2A Bafora Nagar Prasanna Vastu Co­op. Housing Society, Malad (West) Near Fire Brigade, Mumbai­400 095. 26(d) Shri Vinayanand V. Keni major in age, and his wife 26(e) Smt. Shaila Vinayanand Keni major, r/o. Sanvorcoto, Cuncolim, Salcete­Goa. 26(f) Shri Premchand V. Keni major in age, and his wife 26(g) Smt. Suhas alias Radha (now deceased) through legal representative 26(f) Premchand Keni, major in age, both r/o. Azossim, Tiswadi­Goa. 26(g) Kanchan P. Keni Azossim Tiswadi Goa. 26(h) Shri Roshanlal V. Keni major in age, and his wife, 26(i) Smt. Anita Roshanlal Keni major in age, both r/o. Near Vishant Cinema, Aquem, Margao­Goa. 26(j) Smt. Usha Pramod Hegde major in age and her husband 26(k) Shri Pramod Hegde major in age, both r/o. Adhar M.G. Road, Tilakwade Belgaum, Karnataka State. 26(l) Smt. Suvarna A. Kamat major in age and her husband 26(m) Shri Arun N. Kamat major in age, both r/o. Candolim, Bardez­Goa, presently in Dubai 7 26(n) Smt. Shobha K. Sakhardande major in age and her husband. 26(o) Shri Krishna M.J. Sakhardande major in age, both r/o. Sakhardande Apartments, Panaji­Goa. 26(p) Smt. Sajan Kerkar major in age, and her husband 26(q) Shri Vithal alias Ulhas Kerkar major in age, both r/o Mardol Madcaim Road, Mardol­Goa. 26(r) Smt. Yashodhan A. Kane major in age, and her husband 26(s) Shri Avadhuth Kane, major in age, both r/o. Goa Velha, Goa. 26(t) Nandini V. Keni alias Nandini Kenkre and her husband 26(u) Shri Damodar Kenkre Next to Janata Co­op. Housing Society, Aquem Alto­Margao. 27.Yeshwant Shripad Bhandare and his wife 28.Ramabai Y. Bhandare, r/o. 1/389 Telang Cross Road No.3 Matunga C. Railway Mumbai 400 019 King Circle, Matunga, Bombay. 29.Raghuvir Shripad Bhandare and wife 30.Geeta R. Bhandare, r/o. Off Vir Savarkar Marg Prabhamandir, 1st Floor, Prabhadevi, Mumbai 400 025. 31.Gopikabai D. Bhandare r/o. Municipal Colony, E­2 Room No.3, Barve Nagar, Ghatkopar West, Bombay. 32.Radhakant D. Bhandare, (expired) through the legal representatives (a) Shri Gurudas D. Bhandare major, married (b) Smt. Prafulla C. Bhandare wife of Gurudas Bhandare, both r/o. Municipal Colony, E 2 Room No.3, Barve Nagar, Ghatkopar West, 400 084, Mumbai. (c) Shri Jaganath D. Bhandare 8 major, and his wife (d) Smt. Suprabha J. Bhandare both r/o. Vaikunth Niwas, Behind Youth Hostel, Miramar, Panaji­Goa. (e) Smt. Suman Vassudev Ksalelkar, major, and her husband (f) Shri Vassudev Kalekar both r/o. Prabhat View, Hindu Colony, Dadar, Mumbai 400 014. 33.Sindhu R. Bhandare (now deceased) through legal representative 33(a) & 33(b). (a) Govind Pai Budbude and his wife (b) Anuradha G. Pai Budbude both r/o. 11, Everest Society, Opp. P.D.I. Office, Shubanpura, Baroda, Gujrat 390 007. (c) Ramnath Pai Budbude (since deceased) through legal representative Respondent no. 33(d) and his wife (d) Hirabai Pai Budbude both r/o. Damodar Housing Colony, Bldg. 10, Block 4, Aquem, Margao, Salcete, Goa. (e) Subhadra alias Usha S. Pai Budbude widow of Sidharth Pai Budbude (f) Miss Karishma Sidharth Pai Budbude, minor through her mother and guardian Subhadra alias Usha P. Budbude r/o. 20­B, Jayanti Aparts. 4th Floor, 3/1 13 Cross Maleswaram, Bangalore 50003. (g) Sudha Shankar Sawaikar and her husband (h) Shankar Narcinva Sawaikar r/o. 4B­B 2 Bldg. Harbour Heights, N.A. Sawant Marg. Colaba, Mumbai 400 005. 34.Kessarinath D. Bhandare (since deceased) through his legal heirs (a) Mr. Dattatraya K. Bhandare (b) Mrs. Nanda D. Bhandare 9 both residing at : A­2/2, 2nd Floor, Near Maruti Mandir, Davorlim, Navelim, Salcete, Goa 403 707. (c) Mrs. Priya Girish Rege (d) Mr. Girish Moreshwar Rege both residing at : 42­69, Balmohan Vidya Mandir, M.B. Raut Marg, Shivaji Park, Dadar, Mumbai­400028 (e) Mrs. Smita Nilesh Faterparkar (f) Mr. Nilesh Manohar Faterparkar both residing at : Neelkamal, Ground Floor, Near Ambolim Church, Scissors Road, Andheri (west), Mumbai­400059. and his wife 35.Nalini K. Bhandare r/o. R.B. Block, 7, Hrudghat, 2nd Floor, Senapati Bapat Marg, Dadar (W.Rly) Mumbai 400028. ........ Respondents Mr. M. B. D’Costa, Senior Advocate with Mr. J. A. Lobo, Advocate for the petitioners. Mr. J.A. Lobo, Advocate for respondents No.16(a) to 16(d). Mr. D. Pangam, Advocate for respondents No.26(f). CORAM : P.V. KAKADE, J. DATE : 9TH AUGUST, 2006. ORAL JUDGMENT : Heard learned Counsel for both sides. Perused the record. 2. The matter which should have been disposed of at the stage 10 of admission, has unnecessarily remained pending for last six long years. The impugned order is passed by the Civil Judge, Sr. Division, Panaji in Special Civil Suit No. 76/83/B, which was a suit for partition of the property. It appears from the record that legal heirs of deceased defendant No.34 were shown as legal heirs of plaintiff No.13 and therefore, it was held that the entire suit for partition was abated as heirs of defendant No.33 were not brought on record. 3. Needless to mention that this is totally incorrect view on the relevant law, as a suit for partition cannot abate in law in its entirety, only because legal heirs of some of the defendants or one of the defendants are not on record. In the case of Mahmud Mian (dead) through LRs. and anr. vs. Shamsuddin Mian (dead) through LRs. and ors., 2005(11) SCC 582, the Apex Court has disapproved this view holding that in a partition suit on account of death of one of the parties, appeal should not have been abated in its entirety and, as such, the appeal was allowed in that case. In the present case the Order dated 17.11.1998 is hereby quashed and set aside. Rule is made absolute. The revision application is allowed with no order as to costs with direction that the Special Civil Suit No.76/83/B stands restored to the file of the Civil Judge, Sr. Division, Panaji who shall proceed with the adjudication of the matter expeditiously so as to complete the adjudication and dispose it of on merits, after giving opportunity to both sides to lead evidence within 11 six months from the date of receipt of writ of this Court. No order as to costs. P.V. KAKADE, J. ssm.