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Bombay High CourtMCA/445/2019disposed of

Diago Minguel Pereira And 9 ORS., v. Sundarabai Govind Dhuri Alias Sundarabai Govind Duri And 22 ORS.,

2024-07-19Hon'Ble Shri Justice Valmiki Menezes2 pages

2024:BHC-GOA:1141 MCA 445 of 2019 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.445 OF 2019 IN FIRST APPEAL NO.36 OF 2016 DIAGO MINGUEL PEREIRA AND 9 ORS., ... APPLICANT

Versus

SUNDARABAI GOVIND DHURI ALIAS SUNDARABAI GOVIND DURI AND 22 ORS., ... RESPONDENT Mr. Vledson Braganza (through VC), Advocate for Applicants. CORAM:- VALMIKI MENEZES, J.

DATED :- 19th July, 2024 P.C.:

1. This is an application to condone the delay in bringing the Legal Representatives of the deceased Respondent No. 22 on record and to implead the Legal Representatives of the deceased Respondent No. 22 as stated in paragraph No. 3 of the application.

2. From the pleadings in the application, it is clear that the Applicants were not aware of the death of the Respondent No. 22 who was reported to be lodged at Central Jail Yerwada at Pune that he has passed away. Death Certificate of the deceased Respondent No. 22 was furnished to the Applicants only in the month of June, 2019 by the learned Advocate who appeared for the deceased Respondent No. 22. 19th July, 2024

MCA 445 of 2019

3. In view of the averments made in the application which are not being controverted, the delay in bringing the Legal Representatives of the deceased Respondent No. 22 is condoned. Applicants are permitted to to implead the Legal Representatives of the deceased Respondent No. 22 whose names are stated in paragraph No. 3 of the application. Amendment to be carried out forthwith.

4. The application stands disposed of in the above terms. VALMIKI MENEZES, J.

19th July, 2024