1 IN THE HIGH COURT OF BOMBAY AT GOA, PANAJI­GOA APPEAL FROM ORDER NO. 59 OF 2006 Shri Somnath Nanda Naik Palang, major of age, married, businessman, Indian National, r/o Dairy Apts., Shanti Nagar, 1st Floor, C­1, Ponda, Goa. .... Appellant Versus 1. Late Smt. Radhabai Purshottam Naik Palang, since deceased from Marcela, Taluka Ponda, Goa. 2. Shri Purshottam Nagoji Naik Palang, major of age, married, Indian National, Advocate, r/o. Mapusa, Bardez, Goa. 3. Shri Ramanand Nagoji Naik Palang, major of age, married, Indian National, businessman, r/o Marcela, Taluka Ponda, Goa. 4. Smt. Ramabai Ramanand Naik Palang, major of age, married, housewife, Indian National, r/o Marcela, Taluka Ponda, Goa. 5. Shri Mahadev Nagoji Naik Palang, major of age, married, businessman, Indian National, r/o Marcela, Taluka Ponda, Goa. 2 6. Smt. Parvati Mahadev Naik Palang, major of age, married, housewife, Indian National, r/o Marcela, Taluka Ponda, Goa. .... Respondents Shri Nitin Sardessai, Advocate for Appellant. Shri M. S. Usgaonkar, Sr. Advocate with Shri Mandar G.S. Khandeparkar, Advocate for Respondents No. 3 to 6. CORAM : P. V. KAKADE, J. DATE : 25th September, 2006 ORAL JUDGMENT Rule. Rule made returnable forthwith. 2. Heard the learned Counsel for both the parties. This is an appeal preferred against the order passed by the Civil Judge, Senior Division in Inventory Proceeding No. 1/1992/A, adjudicating applications at exhibit 44, 49 and 56 which were disposed of by common order as they were interconnected. 3 3. After hearing both the parties for sometime, it is pointed out that the validity of the will involved in this dispute is being adjudicated in Appeal No. 247/2006 pending before the District Court. It is also found that the impugned order cannot stand and by consent the impugned order passed by the lower Court is set aside and the matter is remitted to the Inventory Court for adjudication according to law pertaining to exhibit 44, 49 and 56. P. V. KAKADE, J. NH