Laximibai Narayan Prabu (Deceased) Through Her Lrs vs. Medha Nagesh Prabhu

ITEM NO.4 Court 9 (Video Conferencing) SECTION IX

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

Petition(s) for Special Leave to Appeal (C) No(s). 3116/2021

(Arising out of impugned final judgment and order dated 19-10-2020 in LD-VC-CW No. 41/2020 passed by the High Court Of Judicature At Bombay At Goa)

LAXIMIBAI NARAYAN PRABU (DECEASED) THROUGH HER LRS Petitioner(s)

VERSUS

MEDHA NAGESH PRABHU & ORS. Respondent(s)

(FOR ADMISSION and I.R. and IA No.25517/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date :09-04-2021 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE HEMANT GUPTA

For Petitioner(s) Mr. Arun R. Prdneker, Adv. Ms. Mukti Chowdhary, AOR

For Respondent(s) Mr. Surendra Desai, Sr. Adv. Mr. Sangram singh R Bhonsle, adv. Ms. Samridhi S Jain, Adv. Mr. Nrupal Dingankar, Adv. Ms. Pushkara Bhonsle, Adv. Ms. Shruti Joshi, Adv. Ms. Shalaka Shelke, Adv. Ms. Anshula Vijay Kumar Grover, AOR

UPON hearing the counsel the Court made the following O R D E R

On hearing learned counsel for the petitioners, it is submitted that the interpretation of the Gift Deed is rather stretched as a gift was pure and irrevocable albeit with "clause of reversion" with no reversion clause being specified.

It is his submission that equitable principle appears to have weighed with the courts below in interpreting in the manner in para 59.

We, in the aforesaid circumstances, put to learned counsel for the petitioners whether the petitioners are willing to give up something in the remaining properties in view of the fact that there are nine children and as per the Portuguese law applicable, otherwise the properties would be divided in equitable shares among the nine children.

Learned counsel seeks some time to obtain instructions in this behalf.

We would also like both the petitioners and the respondents, who are on caveat, to file a list of all the properties, including these two properties with their circle rate valuation.

The needful be done within four weeks as prayed for.

List after four weeks.

[CHARANJEET KAUR]	[POONAM VAID]
ASTT. REGISTRAR-cum-PS	COURT MASTER (NSH)

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