Acórdão nº 1587/06-2 de Tribunal da Relação de Évora, 21 de Setembro de 2006
Magistrado Responsável | JOÃO MARQUES |
Data da Resolução | 21 de Setembro de 2006 |
Emissor | Tribunal da Relação de Évora |
PROCESSO Nº 1587/06 * ACORDAM NO TRIBUNAL DA RELAÇÃO DE ´RVORA *No processo n° 610/95, que correu termos no … Juízo Cível do Tribunal Judicial de …, foi declarada a morte presumida de "A", com última residência conhecida em … Em 16 de Dezembro de 2005, veio sua filha "B", melhor identificada nos autos, instaurar processo de inventário com vista à partilha dos bens daquele, mais requerendo que cumulativamente se procedesse à partilha por óbito de sua mãe "C", sua mulher.
A fls.20 dos presentes autos, foi proferido despacho de indeferimento liminar com base na pendência do processo n° 232/03, do … Juízo do mesmo tribunal, tendo por base aquela morte presumida, com que se verificaria uma situação de litispendência.
Inconformada, interpôs a requerente o presente recurso, em cuja alegação formula as seguintes conclusões: 1 - Para que se verifique a excepção de litispendência é necessário que esteja ainda em curso uma causa idêntica à que se repete.
2 - A recorrente instaurou processo de inventário que correu termos sob o n° 232/03, no … Juízo de … 3 - Mas o mesmo cessou por desistência da instância.
4 - Pelo que, no caso sub judice, não se verifica tal excepção.
Conclui impetrando a revogação do despacho recorrido.
O Mº Juiz sustentou o decidido.
Colhidos os vistos legais e nada obstando ao conhecimento do recurso, cumpre apreciar e decidir.
Dos documentos disponíveis nos autos, ressalta que, efectivamente, na sequência da declaração de morte presumida daquele "A", fora, por impulso da ora agravante, instaurado, no … Juízo de …, o processo de inventário n° 232/03 e que, por decisão de 18...
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