IN THE HIGH COURT OF BOMBAY AT GOA APPEAL FROM ORDER NO. 42 OF 2002 MR.MILAGRES DIAS AND ORS. ... Appellant Versus SHRI MATHEUS DIAS AND ORS. ... Respondent Mr.J.E.Coelho Perriera, Senior Advocate for the appellants. Mr. M. S. Joshi, Advocate for the respondent Nos.1 & 2. Coram:- R. C. CHAVAN, J. Date:- 13th August, 2008 P.C. The appellants take exception to the order passed by the learned Comarca Judge of Salcete, Quepem on 22.4.2002, upon a review of his earlier order dated 12.9.2001. The learned Judge had held by his earlier order that the Gift Deed dated 3.8.1979 was null and void, since it disposed of entire properties, which had come to the share of Donor Smt. Mariana Dias. The Donee is Smt. Ana Severina Rodrigues. Upon a review, the learned Judge found that the Gift was in respect of disposable quota and not entire property. He, therefore, observed that there was error apparent on the face of record and held that the Gift was valid for all legal purposes. Aggrieved thereby other heirs of Mariana have preferred this appeal. 2. I have heard learned Senior Counsel Mr. Coelho Perreira for the appellants. He submits that the appellants are apprehensive that the Gift Deed in fact disposes of the entire property and, therefore, could not have been held as valid by the learned Comarca Judge. The learned Counsel for the respondent Nos. 1 & 2 submits that Gift Deed is in fact in respect of only the disposable quota i.e. 50 % share in the house described in the property, described in the preamble of the Gift Deed. Since the respondent No.2 is Donee or the beneficiary of the Gift and since she herself concedes to the position that the Gift is in respect of only half share in the property, the apprehension of the appellants should be set at rest. In fact the impugned order by the learned Judge has to be read to mean that what has been gifted by the deed of Gift dated 3.8.79, is the only disposable quota in the property in question and not the whole of the property. In view of this, no further orders are required to be passed in this appeal, since the confusion in respect of what has been gifted, has been cleared. The appeal is disposed of. R. C. CHAVAN, J. SMA