Bombay High CourtMCA/77/2021disposed of

Parvati Madeva Gaonkar And 2 ORS v. Asha Maharudra Naik Gaonkar And 7 ORS

2023-11-02Hon'Ble Shri Justice M. S. Sonak3 pages

Niti

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.76 OF 2021 WITH MISC.CIVIL APPLICATION NO.4 OF 2021 (F), MISC.CIVIL APPLICATION NO.2 OF 2021 (F), MISC.CIVIL APPLICATION NO.77 OF 2021 MISC.CIVIL APPLICATION NO.76 OF 2021 IN MISC.CIVIL APPLICATION NO.4 OF 2021 (F) PARVATI MADEVA GAONKAR AND 2 ORS ... APPLICANTS

Versus

ASHA MAHARUDRA NAIK GAONKAR AND 7 ORS ... RESPONDENTS WITH MISC.CIVIL APPLICATION NO.4 OF 2021 (F) PARVATI MADEVA GAONKAR AND 2 ORS ... APPLICANTS

Versus

SMT. ASHA MAHARUDRA NAIK GAONKAR AND 7 ORS ... RESPONDENTS WITH MISC.CIVIL APPLICATION NO.2 OF 2021 (F) PARVATI MADEVA GAONKAR AND 2 ORS ... APPLICANTS

Versus

ASHA MAHARUDRA NAIK GAONKAR AND 7 ORS ... RESPONDENTS WITH MISC.CIVIL APPLICATION NO.77 OF 2021 PARVATI MADEVA GAONKAR AND 2 ORS ... APPLICANTS

Versus

ASHA MAHARUDRA NAIK GAONKAR AND 7 ORS ... RESPONDENTS Mr S.S. Kakodkar, Advocate for the Applicants. Ms S. Paradkar, Advocate for Respondent No.2. Mr Vishwadh Sardessai, Additional Government Advocate for Respondent No.3.

Mr Nigel Fernandes, Advocate for Respondent No.4.

CORAM:- M. S. SONAK, J.

DATED :- 2nd November, 2023 P.C.:

Heard Mr S.S. Kakodkar for the applicant. Ms Paradkar appears for respondent no.2, Mr v. Sardessai, learned Additional Government Advocate appears for respondent no.3 and Mr Nigel Fernandes appears for respondent no.4.

2. Mr Kakodkar points out that this application for condonation of delay has been filed as a matter of abundant caution, otherwise, this delay was during the COVID-19 Pandemic period. He points out that in terms of the decision of the Hon'ble Supreme Court, the limitation period was extended or was directed not to apply during this period.

3. Even otherwise, sufficient cause has been shown in the civil application. Accordingly, legal representatives of the deceased respondent no.1/5(a) is hereby condoned. The abatement, if any, is set aside. Leave is granted to bring on record the legal representatives. Mr Kakodkar states that necessary amendment will be carried out within two weeks from today. He points out that proposed legal representatives have already been served.

4. The Misc. Civil Application No.76/2021, Misc. Civil Application No.4/2021(F), Misc. Civil Application No.77/2021 and Misc. Civil

Application No.2/2021(F) are all disposed of. M. S. SONAK, J.

NITI K HALDANKAR Date: 2023.11.04 14:10:33 +05'30'

NITI K HALDANKAR