Laxman Sanvlo Shetkar (Since Deceased) Through His Lrs. And 20 ORS., v. Shri Ratnakar Bhaskar Shetkar And 15 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.313 OF 2016 Laxman Sanvlo Shetkar (since deceased), through his legal representatives:

1a) Pralhad Laxman Shetkar, 1b) Smt. Vandana Pralhad 1c) Shivaji Laxman Shetkar, 1d) Smt. Surat Shivaji Shetkar 1e) Pradeep Laxman Shetkar, 1f) Suresh Laxman Shetkar, 1g) Sharana Krishnanath Naik, All of major age, Indian Nationals, residing near Damodar Temple, Zambaulim, Sanguem-Goa.

1h) Pritidas Zambaulikar 1i) Smt. Sharmila Pritidas Zambaulikar, Both of major age, Indian Nationals, residents of House No.252, Namshi, Bandora, Ponda-Goa.

Smt. Nalawati Laximan housewife, of major age, Indian National, resident of Cotta, Amona, QuepemGoa.

Shri Bhuto Sanvlo Shetkar (since deceased), LRs

already present at 4a to 4s.

Smt. Satyabhama Bhuto Shetkar (since deceased):

4a) Amrut Bhuto Shetkar, 4b) Shobhan Amrut Shetkar, 4c) Chandresh Bhuto Shetkar, 4d) Shaila Chandresh Shetkar, 4e) Eknath Bhuto Shetkar, 4f) Nutan Eknath Shetkar, 4g) Smita Balchandra Joshi, 4h) Balchandra Vithal Joshi, 4i) Asha Gajanan Naik, 4j) Gajanan Babu Naik, 4k) Rajeshree Rajendra Pednekar, 4l) Kranti Sandesh Vernekar, 4m) Sandesh Hanumant Vernekar, 4n) Nirupa Navnath Naik, 4o) Navnath Tukaram Naik, 4p) Chandani Santosh Naik, 4q) Ranjeeta Rajendra Pednekar, 4r) Neeta Shivdas Naik, 4s) Shivdas Shivram Naik, All of major age, Indian Nationals, residents of Cotta, Amona, Quepem, Goa.

5) Shri Digambar Zaya Shetkar (expired) 6) Shri Manohar Zaya Shetkar (Attorney), of major age,

Indian National, and his wife (Power of Attorney holder) 7) Smt. Malika Manohar of major age, housewife, Indian National, 8) Miss Madhubala Zaya of major age, Indian National, 9) Miss Vismita Zaya Shetkar, 10) Smt. Anita Dinesh Naik, of major age, Indian National and her husband, 11) Shri Dinesh Umanath Naik, of major age, Indian National, All residents of Taripanto, Sanguem-Goa.

12) Smt. Vilasini Gurudas Arondekar(since deceased), represented by:

12a) Teja Gurudas Arondekar, 12b) Dirya Gurudas Arondekar, Both of major age, Indian Nationals, residents of House No.26, Batulem, Panaji-Goa.

13) Shri Gurudas Bablo

Arondekar, of major age, Indian National, resident of House No. 36, Batulem, Panaji-Goa, the Petitioner Nos.7 to 13 are represented by their Attorney Petitioner No.6 Shri Manohar Zaya Shetkar, of major age, Indian National, resident of House No.20, Taripanto, Sanguem, Goa.

Shri Kamlesh Datta 15) Smt. Laxmi Kamlesh both major of age, Indian Nationals, 16) Shri Chaturanand Datta major of age, and his wife 17) Smt. Chaitali C. Shetkar, major of age, Indian National, housewife, 18) Shri Paresh Datta Shetkar, major of age, Indian National, 19) Smt. Sita Ramchandra Shetkar, expired (through Lrs.) 20) Shri Ravindra Ramchandra Shetkar, major of age, Indian National and his

wife;

21) Smt. Geeta R. Shetkar, of major age, Indian National, All residents of House No.10, Cotto, Amona, Quepem-Goa.

.... Petitioners V/s.

1) Shri Ratnakar Bhaskar Shetkar, of major age, Indian National, married, retired, and his wife, major, 2) Smt. Suman Ratnakar Shetkar, of major age, Indian National,housewife, 3) Shri Ashok Bhaskar major of age, Indian National and his wife;

4) Smt. Ashwini Ashok major of age, Indian National, housewife, All residents of Cotto, Amona, Quepem, Goa.

5) Shri Virangan Datta major of age, Indian National and his wife 6) Smt. Mhala V. Shetkar, major of age, Indian

National, housewife, Both residents of Shirvoi, Quepem, Goa.

7) Shri Sanvlo Datta Shetkar, major of age, Indian National and his wife;

8) Smt. Saraswati Sanvlo Shetkar, major of age, Indian National housewife;

9) Shri Devidas Ramchandra Shetkar, major of age, Indian National and his wife, 10) Smt. Deepti Devidas Shetkar, major of age, Indian National,housewife, All residents of Cotto, Amona, Quepem, Goa.

11) Shri Shyam Ramchandra major of age, and his wife;

12) Smt. Josephina Shyam Shetkar, of major age, Indian National, Both residents of Sonarbhat, Quepem, Goa 13) Miss Sumati Ramchandra Shetkar, unmarried, of major age, Indian National, resident of Cotto, Amona, Quepem, Goa.

14) Shri Chandreshwar Bhutnath Devasthan, through its Attorney, Shri Chandrakant Shiva Raut Desai, of major age, Indian National, resident of Assolda, near Assolda Bridge, Quepem, Goa.

15) Shri Krishnath Raghunath Naik, of major age, Indian National, residents of House No.252, Namshi, Bandora, Ponda-Goa.

16) Roshan Laxman Shetkar, of major age, Indian National, Both residents of Zambaulim, Sanguem, near Damodar Temple, Sanguem, Goa.

... Respondents Shri S.P. Munj, Advocate for the Petitioners. Shri G. Teles, Advocate for the Respondent Nos.1 to 4.

CORAM : C.V. BHADANG, J.

DATE : 1st AUGUST, 2016 ORAL JUDGMENT :

Rule made returnable forthwith. The learned Counsel for the contesting respondents no.1 to 4 waives service. The service on the rest of the respondents is dispensed with. Heard finally by consent of the parties.

2.

The application filed by the petitioners for amendment was dismissed by the Trial Court on 30/07/2012. That order was challenged before this Court in Writ Petition No.197/2013, which was allowed on 6/08/2015, granting leave to the petitioners to amend the plaint subject to costs of Rs.5,000/-. The petitioner did not carry out the amendment within a period of two weeks. In such circumstances, the petitioner filed an application under Section 148 read with Section 151 of the Civil Procedure Code, for leave to carry out the amendment, which has been dismissed by the Trial Court by order dated 18/12/2015 on the ground that the Court cannot extend the time granted by this Court and the petitioner would have to approach this Court for extension of time. The learned Counsel for the petitioners states that case made out in the application for extension was that the son of the original plaintiff no.4(a) was ill and was required to be taken, out of station for

treatment, because of which the amendment could not be carried out within time.

3.

It appears that although this Court by the judgment and order dated 6/08/2015 had not fixed any specific time, the Trial Court has relied upon Order 6 Rule 18 to hold that where no time is fixed, the compliance has to be done within 14 days of the date of the order.

4.

Having regard to overall circumstances, I find that the time can be extended. Hence, the following order is passed:

(i) The petition is allowed.

(ii)The application Exhibit D-161 stands allowed.

(iii) The time to carry out amendment is extended by a period of two weeks from today.

(iv)Rule is made absolute in the aforesaid terms, with no order as to costs.

5.

Expedite authenticated copy.

C.V. BHADANG, J.

NH