1 IN THE HIGH COURT OF BOMBAY AT GOA APPEAL FROM ORDER NO.11 OF 2001. 1. Alvaro de Souza Faria. Resident of Acquem Alto, Margao, Goa represented by his son and attorney Cedric de Souza Faria ... Appellant Versus 1. Maria Lira de Sousa, residing at Duncolim, Seraulim, Salcete, Goa. 2. Aivy de Sousa Faria Nirmala Co-op Housing Society Near FishMarket, Margao, Goa 3. Menino Jose Apolinario Z Barros Next to Velim Church, Velim,Salcete,Goa 4. Jose Arsi Barros Rua de D. Luis, Lote 6 R/C DTO, Alcabideche, 2765 Estoril, Portugal. 5. Maria Aruna Barros e Silva 2-F, Central Court, Chittarajan Avenue, Caucutta 72. 6. Mrs Margaret de Sa 193006 Woodland Huttington beach C.A.92648 U.S.A. 2 7. Dr.Fraderick de Sousa Faria 24, Pritchest Road West Health Birminham, U.K. 0313 N.L. 8. Mrs. Iris de Souza, Ansabhat, Mapuca,Bardez, Goa. .. Respondents Mr. M. B. D'Costa, Senior Advocate with Mr. J.A.Lobo, Advocate for the appellant. Mr. M. P. Almeida, Advocate for the respondent Nos. 1,2, 7 and 8. None for other respondents. CORAM : A. P. LAVANDE, J. DATE : 14 th October, 2008. ORAL JUDGEMENT : 1. Heard Mr. D'Costa, learned Senior Counsel along with Mr. Lobo, learned Counsel for the appellants and Mr. M. P. Almeida, learned Counsel for the respondent Nos. 1, 2, 7 and 8. This appeal is directed against the order dated 19.10.2000 passed by the Civil Judge, Senior Division, Margao in Inventory Proceeding No.19036/78/B disposing of the application dated 19.10.1996 filed by the appellant. 2. Briefly, the facts relevant for disposal of present appeal are as under : 3 The appellant filed an application dated 19.10.1996 before the Trial Court alleging that 1/8th of half share in the property listed in Item No.39 in the Inventory Proceedings, was not disposed of. The Trial Court dismissed the application without holding any enquiry. The present appellant filed appeal from order No.24/1998. This Court by order dated 12.04.1999 disposed of the appeal directing the Trial Court to hold proper enquiry in the matter as to whether the subject matter of the Inventory Proceedings was 7/8th share of the entire property or 7/8th share of half of the property with the description given in Item No.39 in the said proceedings and thereafter, the Trial Court was directed to take appropriate decision regarding the allotment. After the remand, on behalf of cabea de casal, three documents namely Sale Deed dated 30.4.1953, Land Registration Certificate and Partition Deed were produced before the Trial Court. The said documents were in Portuguese but no English translation was supplied to the Trial Court of the said documents. The appellant also produced some documents. The Trial Court by the impugned order dated 19.10.2000 dismissed the application holding that the word half mentioned under Item No. 39 shall stand deleted and fixed the matter for drawing of schedule of partition. 4 3. In support of the appeal, several grounds have been urged. However, it is not necessary to go into all these grounds since the impugned order is liable to be set aside on short ground urged by Mr. D'costa, learned Senior Counsel appearing on behalf of the appellant. Mr. D'Costa submitted that the Trial Court ought to have considered the three documents produced by the cabeca de casal as well as the documents produced by the appellant herein. He further submitted that the Trial Court has not considered the three documents produced by cabeca de casal for want of English translation of the said documents. 4. Mr. Almeida, learned Counsel for the respondents supported the impugned order and submitted that no interference is called for in the present appeal. 5. I am of the considered opinion that the impugned order is liable to be set aside on the sole ground that the Trial Court ought to have considered the effect of three documents produced by cabeca de casal as well as the documents produced by the appellant. As stated in the impugned order, the Trial Court could not consider three documents produced on behalf of cabeca de casal for want of English translation. Since the Trial Court was bound to consider the said documents, the 5 impugned order is liable to be set aside on this ground alone. Mr. Almeida undertakes to place on record English translation of the above referred three documents before the Trial Court within a period of two weeks. The Trial Court shall consider the documents produced by the appellant as well as documents produced by cabeca de casal and pass appropriate order in the light of the order dated 12.4.1999 passed by this Court in A.O. 24/1998. The impugned order is, therefore, quashed and set aside. The Trial Court shall decide the application dated 19.10.1996 afresh without being influenced by the findings given in the impugned order expeditiously and in any case within a period of 90 days from the date of appearance of the parties. 6. The parties, through their Counsel, shall appear before the Trial Court on 11.11.2008 at 2.30 p.m. The appeal is disposed of in the aforesaid terms with no order as to costs. A. P. LAVANDE, J. SMA 6