Sunder Chandrakant Gaonkar Alias Bhiku Gaonkar And ANR., v. Toli Khemu Gaonkar Since Deceased Rep. By Lrs. And 9 ORS

23-MCA-88-24.DOC Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.88/2024 IN SECOND APPEAL NO.69/2011 SUNDER CHANDRAKANT GAONKAR ALIAS BHIKU GAONKAR AND ANR.

...APPLICANTS

Versus

TOLI KHEMU GAONKAR SINCE DECEASED REP. BY LRS. AND 9 ORS.

... RESPONDENTS Ms Akshata Rane, Advocate for the Applicants. Mr Manoj Jalmi, Advocate for Respondents No.1 and 2.

CORAM:

M. S. SONAK, J.

DATED:

28th MARCH 2024 P.C.:

1.

Heard Ms Akshata Rane for the applicants and Mr Manoj Jalmi for the first and second respondents.

2.

Having perused the averments in the civil application, I find that the delay of 153 days in applying for setting aside abatement and bringing on record the legal representatives of deceased fourth respondent is sufficiently explained. Since there is sufficient cause, the delay is condoned. Abatement is set aside. Leave is granted to bring on record legal representatives of the 28th MARCH 2024

23-MCA-88-24.DOC deceased fourth respondent as enlisted in paragraph 4 of this application.

3.

Ms Rane states that necessary amendment would be carried out within two weeks. She further states that steps would be taken within two weeks to serve the legal representatives. 4.

Accordingly, Misc. Civil Application No.88/2024 is disposed of.

M. S. SONAK, J.

SUCHITRA NANDAN SINGBAL Date: 2024.03.28 17:39:51 +05'30'

SUCHITRA NANDAN SINGBAL 28th MARCH 2024