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Bombay High CourtMCA/131/2022disposed of

Antonio S. Palha v. Amaldina Dias And 2 ORS

2024-02-07Hon'Ble Shri Justice Bharat P. Deshpande2 pages

MCA 131 of 2022 vinita

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.131 OF 2022 WITH WRIT PETITION NO.614 OF 2018 MISC.CIVIL APPLICATION NO.131 OF 2022 ANTONIO S. PALHA ... APPLICANT

Versus

AMALDINA DIAS AND 2 ORS ... RESPONDENTS WITH WRIT PETITION NO.614 OF 2018 ANTONIO S. PALHA., ... PETITIONER

Versus

AMALDINA DIAS AND 2 ORS., ... RESPONDENTS Mr L. Pednekar, Advocate for the applicant.

Mr Suhas Parab, Addl. Govt. Advocate for respondent no. 3. Mr R. Naik, Advocate holding Mr P. Lotlikar, Advocate for the respondent no.1.

CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 7th February, 2024 P.C.

Heard Mr L. Pednekar, learned Advocate for the applicant, Mr Suhas Parab, learned Addl. Govt. Advocate for respondent no. 3 and Mr R. Naik, learned Advocate holding Mr P. Lotlikar, Advocate for the respondent no.1.

2. This is an application for bringing legal heirs of the petitioner, who expired on 16.10.2020. Application was filed on 11.1.2021. It is claimed that there is only one day delay in filing the such application. However, considering the time which is excluded of the limitation by 7th February, 2024

MCA 131 of 2022 the Apex Court during the COVID period, the application is considered to be filed within time. Accordingly, application stands allowed.

3. Legal heirs of the petitioner are permitted to be brought on record. Amendment to be carried out within one week. Amended copy of the petition be served on the respondents.

4. Misc. Civil Application stands disposed of. BHARAT P. DESHPANDE, J.

NAIK Date: 2024.02.08 10:24:49 +05'30'

VINITA VIKAS NAIK 7th February, 2024