Bombay High Court

Bombay HC: Lawyer's Suspension Complicates Goa Land Record Dispute

Updated
Jan 12, 2026 7:17 PM
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On January 9, 2026, the High Court of Bombay at Goa delivered a decision that unraveled a complicated legal fight over land records in Cortalim, Goa. Here's a breakdown of what happened.

The Initial Suit and Decision

Back in 2008, Maria Pia Carvalho filed a legal case (Regular Civil Suit No. 83/2008/B) asking to fix what she said was a mistake in the land records. She wanted the name of the Communidade of Cortalim removed from certain survey records and replaced with her own. The court agreed, and on September 1, 2010, the decision was made in her favor.

The Communidade's Response

The Communidade of Cortalim didn't accept this easily. They filed a request on October 8, 2018, under a rule of the Civil Procedure Code, trying to cancel the decision. They argued they only found out about the decision when they received a notice about the change.

Enter John Philip Pereira

John Philip Pereira, initially acting as the Communidade's lawyer, filed a request to join the case on September 10, 2018. However, his role became complicated because he was suspended as a lawyer, which was later confirmed by court orders in October and November 2018.

The Twist: Maria Pia Carvalho's Passing

Maria Pia Carvalho passed away on April 6, 2020, before the matter was resolved. Her legal representatives, including her son Edmundo Carvalho, took up the case, challenging the permission given to John Philip Pereira to join the case, arguing they were never informed.

Court's Decision

Judge Valmiki Menezes canceled the orders from February 12, 2020, and April 1, 2025, which had allowed Pereira to join the case. The court stressed that Maria Pia Carvalho and her representatives were not given a fair chance to be heard, which went against basic fairness.

"An order which is passed without hearing the parties, is a nullity and cannot be allowed to stand."

What's Next?

The court has ordered the lower court to decide on the application filed by the Communidade on its own terms within three months. This decision ensures that the case will be reviewed thoroughly, considering all parties involved.

The case involves complex legal matters and highlights the importance of making sure everyone gets a chance to be heard.

Tags:
Property Rules
Civil Suit
Fairness in Bids