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Bombay High Court

Jose Baptista D'Mello (Dec) Thr. His ... vs Cajetan Ignatius Fernandes (Dec) Thr. ... on 5 December, 2025

                                        SA 2 of 2019

     Jose

              IN THE HIGH COURT OF BOMBAY AT GOA
                              SECOND APPEAL NO.2 OF 2019

JOSE BAPTISTA D'MELLO (DEC) THR.
HIS LRS.,                                                                 ... APPELLANTS
  Versus
CAJETAN IGNATIUS FERNANDES (DEC)
THR. HIS LRS. AND 2 ORS.,                                                  ... RESPONDENTS

Mr Vinoj K. Daniel, Advocate for the Appellant.
Mr. A. Damania, Advocate for the Respondents.


                             CORAM:- VALMIKI MENEZES, J.

DATED :- 5th December, 2025 P.C.:

1. Admit on the following substantial questions of law:

a. Whether the Learned Appellate Court failed to appreciate the provisions of Article 2177 of the Portuguese Civil Code and failed to consider that in terms of the provisions of Article 2177, a co-owner cannot sell and/or alienate undivided share in favour of any party and that the sale deed which has been executed by the Defendant No. 3 in favour of Defendant No. 1 & 2 is hit by the provisions of Article 2177 and as such it is illegal and void.

b. Whether inspite of Article 2177 of the Portuguese Civil Code, a sale Page 1 of 2 5th December, 2025 ::: Uploaded on - 05/12/2025 ::: Downloaded on - 06/12/2025 00:55:37 ::: SA 2 of 2019 deed executed by one of the parent in favour of one of the children can be held to be valid and purported rights created thereunder can be said to be legally and validly created.

2. The Respondents to file an affidavit in reply insofar as the interim relief claimed in prayer clause (b) of the Memo of Appeal. Affidavit to be filed within three weeks.

3. List the matter on 13.01.2026.

VALMIKI MENEZES, J.

5th December, 2025 ::: Uploaded on - 05/12/2025 ::: Downloaded on - 06/12/2025 00:55:37 :::