Letter Patent Appeal Filed in the High Court of Bombay at Goa

On 9th June 2014 filed the Letter Patent Appeal in the High Court of Bombay at Goa Bench.In this the Judgement of Second Appeal No.24 of 2012 and the Order of Review in Civil Application Review No.11 of 2014 has been Challenged.I am doubtful regarding the maintainability of the LPA  as the Goa Government is suppose to abolish LPA in the High Court  by bringing into force the (Hearing of Writ Petitions by Division Bench and Abolition of Letter Patent Appeals) Act,2013.

So if the Government has not abolished it as on today the LPA will be registered or else it will be rejected.Have been facing strong opposition from the Respondent No.1 and 2 in the above said matter,so much that the Respondent No.1 has threatened me that he will kill me with a knife if found alone,as it was not a direct threat i could not file police complaint.

The Advocate engaged by the appellant also played mischief while the above said matters were filed.the advocate of the appellant deposed against the appellant by making false statements.

All the wrongs done by the advocates of the appellant in the above said matters have been tried to be corrected in the said LPA.

Update:
14th June 2014: Realized that Second Appeal in the high court cannot be appealed by way of Letter Patent Appeal,LPA is inter Court appeal against the decision of the single Judge only in case of matters decided under Article 226 of the constitution.as Such i will have to file SLP in the Supreme Court of India.

16th June 2014:Filed an application for withdrawal of the Stamp No STA/1479/2014 for withdrawing the LPA filed as  on 11th June 2014 objections were raised by the Judicial Section stating that LPA doesnot lie as per the Rules and as also the LPA has been abolished.

19th June 2014: had gone to the judicial section to find the status of the Application for withdrawal,was informed that the application has to be signed by the registrar only then the appellant will be able to withdraw the LPA and to take back the Certified copy of the Civil application Review 11/2014 annexed to the LPA Appeal Memo.has been called on 20th June 2014 for the same.

Civil Application Review No.11 of 2014

IN THE HIGH COURT OF BOMBAY AT GOA

CIVIL APPLICATION (REVIEW) NO. 11 OF 2014

IN

SECOND APPEAL NO. 24 OF 2012

SMT. VIJAYA GAJANAN NAIK                  …      Applicant

V e r s u s

SHRI SURESH BASU NAIK AND 7 ORS.   …      Respondents

Applicant present in person.

CORAM : F. M. REIS, J

DATE :  20th March, 2014

P.C.:-

This is an application seeking review of the judgment dated 21.06.2012 passed in Second Appeal No. 24 of 2012.

2.               I have heard the applicant in person and perused the records.  The main ground of the review is to contend that the provisions of Article 1565 of the Portuguese Civil Code dealing  with  the  succession  are  no  longer  in  force  after coming into force of the Transfer of Property Act. This aspect has been duly examined while disposing of Second Appeal No.24 of 2012 by judgment dated 21.06.2012. Those provisions are dealing with succession which has been examined while passing the judgment under review.  Hence, there is no error apparent on the face of record which calls for review of the said judgment as a review application is not an appeal in disguise.

 

3.              Hence,  the  above  review  application  being  an abuse of process of law stands accordingly rejected.

 

F. M. REIS, J

Supreme Court of India,where truth prevails.

In an inaugural speech given by the then Chief justice of India on 28th January 1950,the chief justice Hon'ble Shri. Harilal J.Kania had said that the Supreme Court of India stands to administer the law,has good will and sympathy for all,but is allied to none.The Hon'ble Chief Justice also went on to say that "We hope and trust the Court will maintain the high traditions of the Judiciary and perform its duties without fear and favour".

The Hon'ble Supreme Court of India has stood for the expectations of the then Chief Justice and will continue to,by being a powerful instrument for protecting law all over the country.

But,some issues do not reach to the supreme court as not every one has access to the supreme court,people who don't have financial support or are not aware of their rights and injustice caused to them never approach to the Supreme Court.

Slp 18992 of 2012 in Hon'ble Supreme Court of India challanging Second Appeal No.3 of 2006 passed by High court of Bombay at Goa

            S U P R E M E   C O U R T   O F   I N D I A
                        

Petition(s) for Special Leave to Appeal (Civil) No(s).18992/2012
(From the judgement and order  dated 09/12/2011 in SA No.3/2006 of The  HIGH
COURT OF BOMBAY AT GOA)

NORBERTO P.S.FERNANDES & ORS.                                   Petitioner(s)

                 VERSUS

GABRIEL SEBASTIO IDALINO FERNANDES & ORS          Respondent(s)
(With prayer for interim relief )

Date: 26/11/2012  

CORAM :
        HON'BLE MR. JUSTICE G.S. SINGHVI
        HON'BLE MRS. JUSTICE GYAN SUDHA MISRA

For Petitioner(s)        Mr. Dhruv Mehta, Sr. Adv.
                         Mr. Yashraj Singh Deora, Adv.

For Respondent(s)        Mr. Bhavanishankar V. Gadnis, Adv.

 
                                                                 O R D E R

                 This petition is directed  against  order  dated  9.12.2011 passed by Goa Bench of the Bombay High Court in Second Appeal No. 3 of 2006.
                 During the pendency of  the  special  leave  petition,  the parties have amicably resolved their dispute and filed  Consent  Terms  along with I.A. No. 1 of 2012.
                 We have gone through the  Consent  Terms,  which  are  duly signed by the parties and their advocates/power  of  attorney  holder.
      The same are taken  on  record  and  the  special  leave  petition  is disposed of in terms thereof.
                 It is needless to say that the parties shall strictly abide by the terms of settlement.


   

SECOND APPEAL NO.24 OF 2012,In the High Court Of Bombay at Goa

IN THE HIGH COURT OF BOMBAY AT GOA

SECOND APPEAL NO. 24 OF 2012

1. Smt. Premavati Basu Naik, major in age, widow of Basu Dipu Naik, housewife,

2. Smt. Tara Prakash Naik, major in age, widow of Prakash Naik.

3. Shri Kalidas Prakash Naik, major of age, student,

son of late Prakash Naik,

All residents of House No.138, Rua de Maria, Sancoale, Mormugao Taluka, Goa.

4. Smt. Rohini Ladu Naik,

major in age, married, housewife, and her husband.

5. Smt. Ladu Datta Naik, major in age, service,

both residing at House No.

36/B, Issorim, Velsao, Mormugao Taluka, Goa.

6. Smt. Vijaya Gajanan Naik, major in age, married, housewife and her husband.

7. Shri Gajanan Laxman Naik, major in age, both residing at House No.141, Akshibhat,

Agassaim, Ilhas Goa.                    …      Appellants

V e r s u s

1. Shri Suresh Basu Naik,

son of late Basu Dipu Naik, major in age, married, businessman and his wife

2. Smt. Mary Rosa Goes alias

Maya Suresh Naik, major in age,
housewife,
both residents of House No.128,
Pithole, Sancoale,
Mormugao, Taluka Goa.	…	Respondents

Shri V. A. Lawande, Advocate for the appellants.

CORAM : F. M. REIS, J

DATE: 21st JUNE, 2012.

ORAL JUDGMENT :

The above appeal challenges the judgment and decree dated 10.03.2011 passed by the learned District & Sessions Judge, South Goa, Margao, in Regular Civil Appeal No. 389/2010 whereby an appeal preferred by the respondents was allowed and deed of sale dated 21.12.1993 registered before the Sub-Registrar of Mormugao came to be declared as null, void and ineffective and without any legal effect.