-1- IN THE HIGH COURT OF BOMBAY AT GOA SECOND APPEAL NO. 54 OF 2008 1. Mrs. Maria Rosatia Gomes Pereira (since deceased) through her legal heirs: a) Mrs. Maria Teresa Isabel Fernandes (daughter) b) Mr. Anthony Thomas Xavier Fernandes (son-in-law), both residents of St. Agostinho, Santa Cruz, Goa. c) Mrs. Anuciacao Delia Rodrigues (daughter) d) Mr. Lucano Rodrigues (Son in law) e) Ms. Leopoldina Pereira (daughter) all reisents of Dugrem, Agacaim, Goa. f) Mrs. Ezilda Pereira (daughter) g) Mr. Polycarpo Pereira (son in law) Both residents of Harari Africa. …... Appellant (orig. Plaintiff) V e r s u s Pedro Vales (since deceased) through his legal heirs: a) Smt. Ana Josefa Afonso (widow) b) Shri menino Joaquim Vales (son) both residents of Dugrem, St. Lawrence, Agassaim, Goa. c) Smt. Socorrinha Vales (daughter) d) Shri Remedios Francisco Laurenco Fernandes (son in law) -2- both residents of Falvaddo, Cavelossim, Salcete, Goa. e) Smt. Marianinha Vales, r/o. 175, Rua St. Honore, 75001, Paris, France. …... Respondent (Orig. Defendant) Mr. Ajit Kantak, Advocate for the Appellant. Mr. M. P. Almeida, Advocate for Respondent nos. 1(a) to 1(d). CORAM: F. M. REIS, J. DATE : 23 rd July, 2010. ORAL JUDGMENT Heard the learned Counsel for the Appellant and the Respondent. 2. Admit, on the following substantial question of law : (a) Whether the Judgment passed by the First Appellate Court stands vitiated for non- consideration of the admission of the Respondents in their written statement to the effect that the property of the Appellant is also included in the property surveyed under no.59/4 of Village of Goa Velha whilst coming to the conclusion that the Appellants have failed to establish that they had any right to the property surveyed under no. 59/4 ? 3. Heard finally with the consent of the learned Counsel. The Respondent waives service. -3- 4. The above appeal challenges the Judgment and Decree dated 23.11.2007 passed by the learned Adhoc-District Judge, Fast Track Court, Panaji, passed in Regular Civil Appeal no. 47/2007, whereby the Appeal preferred by the Respondents was allowed and the suit filed by the Appellants was dismissed. 5. After hearing the matter for sometime and on perusal of the impugned Judgment, both the learned Counsel have prayed that the above Appeal be disposed of by consent in the following manner : (i) The impugned Judgment dated 23rd November, 2007, passed by learned Adhoc District Judge-I and Fast Track Court, Panaji, in Regular Civil Appeal No. 47/2007, is quashed and set aside. (ii) The Regular Civil Appeal no. 47/2007 stands restored to the file and the matter stands remanded to the learned District Judge, North Goa, Panaji, for deciding the said Appeal afresh after hearing both the parties in accordance with law. 6. The Above Appeal stands disposed of accordingly with no orders as to costs. -4- 7. The parties are directed to appear before the Principal District Judge on 24th August, 2010 at 10.00 a.m. for further directions. F. M. REIS, J. arp/*