She died on 21.11.1997.
The said suit was dismissed.
By reason of the impugned judgment dated 22.12.2004, the High Court while setting aside the order of the Government of Goa, Daman and Diu dated 14.02.2000 purported to have entered into the disputed questions of title arising by and between Appellant and Respondent No.1.
A suit being Civil Suit No.1/96/A was also filed restraining the Custodian from releasing the suit properties in favour of Ricardina till disposal of Suit No.154/1993/A. However, the said suit was withdrawn.
A prayer was also made for restoration of possession in her favour.
The said order was, however, set aside by the Government of Goa by an order dated 14.02.2000.
Contention of Mr. T.R. Andhyarujina, the learned Senior Counsel appearing on behalf of the Appellant was that the High Court companymitted a serious error in entering into the question of disputed question of title in the writ proceedings particularly when a civil suit is pending decision before a companypetent Civil Court since 1993.
By an order dated 16.09.1997, the application filed by the Ricardina since deceased was dismissed.
Maria Elsa bequeathed her estate in favour of her nephew, Antonio C. Pereira, Appellant herein, by a will.
An appeal there against is said to be pending.
The High Court by reason of the impugned judgment, inter alia, opined that the order dated 21.04.1999 passed by Respondent No.3 was number vitiated in law as the application filed by the said Respondent which came to be rejected by an order dated 16.09.1997, had number been determined as was required under Section 15 of the Act, directing if the legal representatives of Ricardina apply for hearing of the said application on merits within a period of four weeks by taking steps to companyply with the requirements of Rule 14 2 and 3 of the rules, we direct the State Government to decide the said application afresh on its own merits.
It further appears that Ricardina, wife of Eurico, filed an application before the Custodian for declaring southern half of Mayem as number evacuee property.
Allegedly, the terms of the Will were later altered on 20.06.1930.
Respondent No.1, however, filed an application for review of the order before Respondent No.3.
The restoration application may be decided as expeditiously as possible and preferably within a period of six months after companypliance.
On or about 24.12.1964, the Goa Administration Evacuee Property Act, 1964 for short, the Act and the Rules framed thereunder came into force.
In the said proceeding an objection was filed by the Appellant herein.
Jose Joaquim had grandchildren through his son Dr. Francis Antonio, who was married to Racardina.
He died on 20.04.1929.
The legality of such a companyrse of action, however, is in dispute.
A suit was filed by the Appellant that the application filed by Respondent No.1 for reconsideration of the said order dated 16.09.1997 by Respondent No.3 be declared as null and void.
They had six children two sons and four daughters .
Upon his death, his disposable quota of properties was purportedly described as southern lot.
On or about 17/18.04.1929, Dom Jose Joaquim de Noronha bequeathed his disposable quota of properties allotted to him in the inventory upon the death of Filomena.
On 14.11.1967, the southern half of the estate of Mayem belonging to Eurico Silva was declared to be evacuee properties.
A suit was instituted before a learned Civil Judge, Senior Division, Panaji, Goa, in the year 1993 for a declaration that the allotment in Inventory Proceedings No.957 of 1929 to Eurico ceased to be valid effective.
Respondent No.1 questioned the companyrectness of the said order passed before the High Court.
Jose Joaquim de Noronha was the Count of Mayem.
The said objection was rejected.
Original Respondent No.1 expired on 22.11.2001 and her heirs and legal representatives were brought on records in the writ proceedings before the High Court.
An order was also passed on 17.05.1999 for delivery of possession of the said properties in favour of Respondent No.1.
Respondent No.3 by reason of an order dated 21.04.1999, however, reviewed his earlier order dated 16.09.1997, declaring that the entire alleged southern half of Mayem estate to be number evacuee property.
Arising out of S.L.P. Civil No.8304 of 2005 B. SINHA, J Leave granted.
He was married to one Filomena Correia Noronha.
The Civil Court passed an order of temporary injunction restraining Respondent No.1 from transferring or alienating any part of the suit properties, where against an appeal has been filed, which is said to be still pending.
