Bombay High Court

SADANAND ROGUVIR LOTLIKAR (SINCE DEC. AND REP. BY LRS AND 5 ORSversusSUSHEELA ROGUVIR LOTLIKAR AND 8 ORS

Disposal: Disposed of

Holding

The court held that the four shops are leasehold properties of the deceased and modified the impugned orders accordingly.

Summary

The petitioners challenged the order of the Principal District Judge dismissing their appeal in Special Inventory Proceedings concerning four shops. The court noted that there was no dispute that the shops were originally leased to the late Raghuvir Lotlikar and his wife Savitribai under lease deeds dated 31 March 1947 and 13 September 1948. Both parties agreed that the shops are leasehold properties of the deceased and should be treated as such for inventory purposes. Accordingly, the court modified the impugned orders to reflect this characterization and directed the inventory court to determine the parties' shares within one year. The writ petition was consequently disposed of.

Issues considered

Whether the order dismissing the appeal in the Special Inventory Proceedings is correct
Whether the four shops should be treated as leasehold properties of the deceased for the purpose of inventory

Subjects

Special Inventory
Leasehold
Writ Petition
Property Law
Succession

Judgment

2026:BHC-GOA:1979
                                              27 WP 500 2023

                Amrut

                        IN THE HIGH COURT OF BOMBAY AT GOA
                                WRIT PETITION NO.500 OF 2023

           SADANAND ROGUVIR LOTLIKAR (SINCE
           DEC. AND REP. BY LRS AND 5 ORS                         ... PETITIONERS
             Versus
           SUSHEELA ROGUVIR LOTLIKAR AND 8
           ORS                                                    ... RESPONDENTS


           Mr Ryan Da Piedade Menezes and Ms M. Silva, Advocates for
           the Petitioners.
           Mr. Sudesh M. Usgaonkar, Senior Advocate with Ms Maria
           Rosette Pereira, Advocate for Respondents No.1, 2, 4 to 9.


                                 CORAM:- S. G. CHAPALGAONKAR, J.
                                 DATED :- 5th October, 2026

           P.C.:


           1.           The present writ petition arises out of Special Inventory
           Proceedings No.63/2003/II from the Court of Civil Judge Senior
           Division at Margao and Misc. Civil Appeal No.83/2017 and Misc.
           Civil Appeal No.30/2017 from the Court of the Principal District
           Judge, South Goa, at Margao.


           2.            Petitioners raise a challenge to the order passed by the
           Principal District Judge, South Goa, at Margao, thereby dismissing
           Misc. Civil Appeal No.83/2017 filed by Petitioners along with
           order dated 26th September 2017 passed by Civil Judge Senior


                                                Page 1 of 3
                                              5th October, 2026
                                 27 WP 500 2023


Division at Margao, in the Special Inventory Proceedings to the
extent it requires enlisting of subject shops/assets being part of
estate of Savitribai Raghuvir Lotlikar.


3.       Upon hearing learned Advocates appearing for respective
parties, it can be observed that there is no dispute that shops in
question were leased out by erstwhile Municipal Council of Salcete
(now Margao Municipal Council) in favour of late Raghuvir
Lotlikar vide lease deed dated 31st March 1947. The second set of
two shops was leased in the name of Raghuvir Lotlikar and his
wife Savitribai Lotlikar under lease agreement dated 13th
September 1948.


4.        In view of the aforesaid backdrop, parties are ad idem on
the fact that all four shops were leasehold properties of Raghuvir
Lotlikar and his wife Savitribai Lotlikar in terms of agreement
referred to above and shall be treated so for the purpose of
inventory.


5.           In view of aforesaid statements, writ petition stands
disposed of. The impugned orders shall be treated as modified in
terms of aforesaid statements. Inventory Proceedings shall proceed
to decide shares of respective parties as per law. Parties assure to
cooperate with the Inventory Court for early disposal of Special
Inventory Proceedings No.63/2003/II. Learned Civil Judge Senior

                                    Page 2 of 3
                                  5th October, 2026
                                                         27 WP 500 2023


                     Division at Margao, shall endeavour to decide the same within a
                     period of one year from today.


                     6.          Writ Petition stands disposed of in aforesaid terms.



                                                               S. G. CHAPALGAONKAR, J.




Signed by: TARI AMRUT NAGESH
Designation: Private Secretary
                                                           Page 3 of 3
Date: 05/10/2026 18:04:45
                                                         5th October, 2026

Continue reading with your account

Checking your session…