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Bombay High CourtMCA/46/2022allowed

Gopal Balkrishna Falary Thr. His Poa Chinmay Gopal Falary And 2 ORS v. Ulhas Alias Balcrishna Vaman Fallary (Deceased) Thr. His Lrs. And ANR

2022-03-02Hon'Ble Shri Justice Manish Pitale2 pages

18-MCA-46-22.DOC Vinita

IN THE HIGH COURT OF BOMBAY AT GOA.

MISC. CIVIL APPLICATION NO. 46 OF 2022 IN SECOND APPEAL NO.29 OF 2011.

GOPAL BALKRISHNA FALARY THR.

HIS POA CHINMAY GOPAL FALARY AND 2 ORS VS ULHAS ALIAS BALCRISHNA VAMAN FALLARY (DECEASED) THR. HIS LRS.

AND ANR ...Applicants.

...Respondents.

Mr. R. Rao, Advocate for the applicants.

Mr. J. Amonkar, Advocate holding for Mr. M. Amonkar, Advocate for the respondents.

CORAM:

MANISH PITALE, J.

Date:

2nd MARCH, 2022 P.C.

This is an application for bringing on record the legal representatives of the respondent no.2. It is stated that the respondent no.1 had already expired and his legal representatives were brought on record.

2.

Although the respondent no.2 expired on 22.1.2020, the appellants became aware about the same very recently on 16.2.2022, when the learned counsel appearing for the respondents informed the learned counsel appearing for the appellants about the death of the respondent no.2.

18-MCA-46-22.DOC 3.

On this basis, it is claimed that from the date of knowledge present application is within time. There is no serious objection raised on behalf of the respondents to the present application. 4.

In view of the above, the application is allowed and legal representatives of the respondent no.2, details of whom are given in paragraph 3 of the application are permitted to be brought on record. Amendment to be carried out within one week from today.

5.

Since the learned Counsel is already appearing for legal representatives of respondent nos.1, he submits that he would waive notice on behalf of legal representatives of respondent no.2 also.

5.

Application stands disposed of.

MANISH PITALE J.