Ferdinand Aloysious Michael Dsouza, Since Deceased, Through His L.R. Benvemitta Anne Lam v. Marica Angelica Leticia Dominica Francisco Alias Mary Francisco And ANR

907-MCA-155-23.DOC Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO. 155 OF 2023 IN SECOND APPEAL NO. 102 OF 2015 FERDINAND ALOYSIOUS MICHAEL DSOUZA, SINCE DECEASED, THROUGH HIS L.R. BENVEMITTA ANNE LAM ... Applicant.

Versus

MARICA ANGELICA LETICIA DOMINICAFRANCISCO ALIAS MARY FRANCISCO AND ANR

...Respondents.

Mr Ryan da Piedade Menezes, Advocate for the Applicant. CORAM :

M. S. SONAK, J.

DATE :

13th APRIL 2023 P.C. :

1.

Mr Menezes, learned Counsel for the Applicants states that this application is clearly within time in so far as request for bringing on record the LRs of deceased Respondent No.2(a) is concerned. Further, he submits that since the estate was represented all along, there is no abatement as such on account of demise of Respondent No.2(b). Only as a matter of caution, condonation of delay is applied for though the same may not strictly speaking be necessary, particularly because the LRs of both the parties are one and the same.

13/04/23

907-MCA-155-23.DOC 2.

Considering the above peculiar circumstance, this Civil Application is allowed. Abatement, if any, is set aside and the Applicant is permitted to bring on record the LRs of the deceased Respondents No.2(a) and 2(b).

3.

Mr Menezes states that necessary amendment will be carried out within a week and further steps will be taken within the same time to effect service on the LRs.

4.

Civil Misc. Application is disposed of.

M. S. SONAK, J.

SANTOSH S MHAMAL Date: 2023.04.13 18:04:52 +05'30'

SANTOSH S MHAMAL 13/04/23