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Judgment
F.M. Reis, J.—The above appeal challenges the order passed by the learned Civil Judge Senior Division at Mapusa in (CMA) Revision Petition No. 39/99/A dated 14/02/2000.
At the hearing of the above appeal, both the learned Counsel pointed out that the dispute between the parties in respect of the allotments made in the Inventory Proceedings has been amicably settled. Both the learned Counsel have filed consent terms disclosing the manner in which the allotments made in the Inventory Proceedings by chart of partition dated 9/02/1999, stand modified.
Both the Counsel along with the attorney of the Appellant Mrs. Teresa Bruto da Costa and the attorney of the Respondents Shri Michael Pinto de Andrade are present and confirm that they have voluntarily signed the said consent terms on behalf of the respective parties. The said consent terms are taken on record and marked ''X'' for identification. The learned Counsel, as such, submitted that the impugned judgment be quashed and set aside and the learned Civil Judge Senior Division, Mapusa be directed to make a fresh chart of partition, in accordance with the said consent terms.
In view of the above, I pass the following order:
ORDER
(i) By consent, the impugned judgment dated 14/02/2000 passed in (CMA) Revision Petition No. 39/99/A is quashed and set aside and the application to rescind the chart of partition is allowed.
(ii) The learned Civil Judge Senior Division, Mapusa is directed to draw a fresh chart of partition in Inventory Proceedings No. 140/95/A in accordance with the said consent terms, in the presence of the advocates appearing for the respective parties.
(iii) The parties are directed to appear through their respective advocates before the learned Civil Judge Senior Division, Mapusa on 4/10/2011 at 10.00 a.m.
(iv) The appeal stands disposed of accordingly with no order as to costs.