Bhanudas Bhamaikar (Dec)., v. Yeshwant B. Dessai And 8 ORS.,

27-MCA-802-2019.DOC Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO. 802 OF 2019 IN SECOND APPEAL NO. 40 OF 2015

1. BHANUDAS BHAMAIKAR (DEC)., ...APPLICANT

Versus

1. YESHWANT B. DESSAI AND 8 ORS.

...

RESPONDENTS Mr. Ganehs Naik, Advocate for the Applicants. Mr. Jatin Ramaiya, Advocate for the Respondent nos. 1, 3, 4, 7 and 8.

CORAM:

MANISH PITALE, J DATED:

5th October 2021 P.C.

1.

This is an application seeking transposition of legal heirs of Respondent no. 9 as Appellants in the present Second Appeal. 2.

Mr. Naik, learned Counsel, has instructions and he has filed Wakalatnama for Respondent nos. 9(a) and 9(aa). Although the other legal heirs of the Respondent no. 9 i.e. 9(b) to 9(ee) have been served with notices, they have chosen not to appear before this Court.

3.

In these circumstances, Mr. Naik, the learned Counsel appearing for the Appellant-Applicant, restricts his prayer in the present application for transposition of Respondent no. 9(a) and 9(aa) as Appellants.

5th October 2021

27-MCA-802-2019.DOC 4.

There is no specific objection on the part of the Respondents appearing through Counsel for the grant of such prayer.

5.

In view of the above, the application is partly allowed. Respondent no. 9(a) and 9(aa) are permitted to be transposed as Appellants in the Second Appeal.

MANISH PITALE, J.

ANDREZA PEREIRA PEREIRA Date: 2021.10.05 17:43:23 +05'30'

5th October 2021