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Bombay High CourtMCA/333/2022disposed of

Unicorn Associates, Rep. By Its Partners v. Manguexa @ Mangesh V. Sinai Priolcar (Dec) And 15 ORS

2023-02-20Hon'Ble Shri Justice M. S. Sonak,Hon'Ble Shri Justice Bharat P. Deshpande2 pages

20-MCA-333-22 IN STM-447-20 (F).DOC Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.333/2022 IN STAMP NUMBER (MAIN) NO.447/2020 (F) UNICORN ASSOCIATES, REP. BY ITS PARTNERS ... Applicants

Versus

MANGUEXA @ MANGESH V.

SINAI PRIOLCAR (DEC) & 15 ORS.

... Respondents Mr R. G. Ramani, Senior Advocate with Mr P. Kakodkar, Advocate for the Applicants.

Ms Rupa Banaulikar, Advocate for Respondents No.2 and 3. Mr A. D. Bhobe with Ms A. Kuvelkar, Advocates for Respondents No.7 to 16.

CORAM:

M. S. SONAK & BHARAT P. DESHPANDE, JJ.

DATED:

20th FEBRUARY 2023 P.C.:

1.

Heard Mr R. G. Ramani, learned Senior Advocate who appears along with Mr P. Kakodkar for the applicants, Ms Rupa Banaulikar for respondents no.2 and 3 and Mr A. D. Bhobe who appears along with Ms A. Kuvelkar for respondents No.7 to 16. 20th February 2023

20-MCA-333-22 IN STM-447-20 (F).DOC 2.

Mr Ramani states that all the respondents have been duly served.

3.

There is a delay of 242 days in instituting the appeal against the Judgment and Decree dated 21.02.2019. This delay has been suitably explained. The explanation is in paragraphs 5 to 9 of the civil application. Already, some of the respondents have instituted First Appeal No.103/2019 against the very same Judgment and Decree.

4.

Mr Ramani points out by the impugned decree the sale deed dated 16.11.2010 has been declared null and void. The present applicants were the purchasers and respondents no.7 to 16 were the vendors. First Appeal No.103/2019 is instituted by the vendors and the same is already admitted. 5.

Accordingly, upon cumulative consideration of all the above circumstances and in particular, the sufficient cause shown in the civil application, the delay of 242 days in instituting this appeal is condoned.

6.

Misc. Civil Application No.333/2022 is disposed of. BHARAT P. DESHPANDE, J. M. S. SONAK, J. SUCHITRA NANDAN SINGBAL SUCHITRA NANDAN SINGBAL Date: 2023.02.21 10:17:57 +05'30'

20th February 2023