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Bombay High CourtFA/63/2016disposed of

Miss. Augusta Iria Valles (Deceased) Through Her Lrs. Mr. Edgar Fransico Dias. v. Deputy Collector And Sub-Divisional Officer Panaji And ANR.

2016-06-30Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

STAMP NUMBER MAIN NO. 592 OF 2016 MISS AUGUSTA IRIA VALLES (NOW DECEASED) THROUGH HER LRS. MR.

EDGAR FRANCISCO DIAS.

... Appellant

Versus

DEPUTY COLLECTOR AND SUB-DIVISIONAL OFFICER PANAJI AND ANR., ... Respondents Shri M.B. D'Costa, Senior Advocate with Ms.K. Betquecar, Advocate for the applicant.

Shri S.D. Lotlikar, Advocate General with Shri Sagar Gurudas Dhargalkar, AGA for the respondents.

Coram:- NUTAN D. SARDESSAI, J.

Date:- 30th June, 2016 P.C.

1. Shri S.D. Lotlikar, learned Advocate General submitted that this matter calls for a remand of file to the Reference Court. Hence, the matter is disposed off, in view of the findings of the learned Reference Court in paragraph 3 holding that the summons was served by fixing on the Municipal building and despite opportunities given to the applicant, he did not appear before the Court and learned Advocate for the respondents stated that the respondents do not wish to lead evidence. In view thereof this is a fit case for remand of file to the Reference Court.

2. The application stands disposed off accordingly.

STM/592/2016

3. Registry to register the appeal.

4. The Reference Court shall dispose off the matter within six months from the receipt of the writ of this Court. NUTAN D. SARDESSAI, J.

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