Partly allowed

Mr. Francisco Antonio Abel Pereira E Silveira (Deceased) Thr. Lrs., v. Mrs. Francisca Marques Pereira E Silveira and 2 Ors.

Bombay HC29 Jul 2015SA/20/2015

Case brief

AI extract

What is this about?

In this second appeal, the High Court considered an order partly allowing a suit for accounts and injunction. The court set aside the direction to render accounts and pay income from 1990 pending partition, keeping the issue open for the pending partition suit, while confirming the permanent injunction regarding construction and renewal of rights.

What did the court decide?

The direction to render accounts and pay income from 1990 pending partition was set aside; the permanent injunction was confirmed; the issue of accounts kept open for the pending partition suit.

Mr. Francisco Antonio Abel Pereira E Silveira (Deceased) Thr. Lrs… — Partition | Bombay HC (2015)

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SA No. 20/2015

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IN THE HIGH COURT OF BOMBAY AT GOA

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SECOND APPEAL NO. 20 OF 2015

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MR. FRANCISCO ANTONIO ABEL PEREIRA E SILVEIRA (DECEASED) THR. LRS.,

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... Appellant

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Versus

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MRS. FRANCISCA MARQUES PEREIRA E SILVEIRA AND 2 ORS.,

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... Respondents

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Shri Ressano Hector Noronha, Advocate for the Appellant.

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Shri M.B. Costa, Senior Advocate with Ms. S. Chodankar, Advocate for the Respondents.

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CORAM:- C. V. BHADANG, J.

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DATE : 29th JULY, 2015

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P.C:

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Heard Shri Noronha, the learned Counsel for the

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appellant and Shri Costa, the learned Senior Counsel for the respondents.

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The respondents had filed a suit for accounts and injunction, both prohibitory and mandatory. The trial Court had dismissed the suit, which has been reversed by the first Appellate

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Court. The defendants are in appeal before this Court.

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SA No. 20/2015

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The perusal of the judgment of the Appellate Court

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shows that the appeal has been partly allowed as under:

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“This appeal stands partly allowed. As a result, the impugned judgment is quashed and set aside. The suit stand partly decreed. Accordingly, the defendants are directed to give the plaintiffs the account of the income from the suit property from 1990 upto the present date and further till the suit property is partitioned and the defendants are directed to pay the plaintiffs half of the income thereof. The defendants, their agents and representatives are permanently restrained from doing any construction in the suit property, as also from doing any alteration to the suit house, from cutting of trees and/or disposing of the same without the written consent and permission of the plaintiffs and also from selling or disposing of the standing crop like mangoes and jack-fruit from the suit property, without the written consent and permission of the plaintiffs.”

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SA No. 20/2015

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It is undisputed that there is a separate suit for partition filed by the respondents against the appellants, which is pending before the competent Court, after its remand. It is also undisputed that there is a prayer for accounts/mesne profits in the said suit. In so far as, the impugned judgment granting permanent injunction, restraining the appellants from effecting any construction/alteration in the suit house, without the consent of the appellants and from creating third party interest, is concerned, it is submitted by Shri Costa, the learned Senior Counsel that at present, the respondents have no intention to create any third party interest or to effect any alteration. Even as regards, the accounts of the income from the suit property, incurring from the year 1990, till date and till the suit property is partitioned, with further directions to pay half of the income to the respondents, it is submitted that the said issue can be gone into and decided in the partition suit. In such circumstances, it is submitted that appropriate orders be passed.

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Having heard the learned Counsel for the parties and by consent, the Second Appeal is disposed of in the following terms:

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SA No. 20/2015

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(a) Part of the impugned judgment and decree, directing rendering of the accounts of the suit property from 1990, till date and till the suit property is partitioned and further directions to pay half of the income to the respondents, is hereby set aside.

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(b) It is made clear that the said issue is expressly kept open to be gone into and decided in the partition suit, which is pending.

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(d) The Second Appeal is disposed of, in the aforesaid terms, with no order as to costs.

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C. V. BHADANG, J.

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Mr. Francisco Antonio Abel Pereira E Silveira (Deceased) Thr. Lrs., v. Mrs. Francisca Marques Pereira E Silveira and 2 Ors.

Case brief

What is this about?

What did the court decide?

Mr. Francisco Antonio Abel Pereira E Silveira (Deceased) Thr. Lrs., v. Mrs. Francisca Marques Pereira E Silveira and 2 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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