Sonu Kessu Gaude And 7 ORS v. Murari Taru Gaude And 3 ORS

21-MCA-3-2022.DOC Niti

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.3 & 4 OF 2022 IN SECOND APPEAL NO.39 OF 2018 SONU KESSU GAUDE AND 7 ORS.

....APPLICANTS

Versus

MURARI TARU GAUDE AND 3 ORS.

....RESPONDENTS Mr. Omkar Mestry holding for Mr. P. Sawant, Advocate for the Applicants.

Mr. Pranav Kakodkar, Advocate for the Respondent Nos.1(a),2 & 3.

CORAM: M. S. SONAK, J.

DATE :

8th DECEMBER 2022 P.C. :

1.

Heard Mr. Omkar Mestry, who holds for Mr. P. Sawant for the applicants and Mr. Pranav Kakodkar for respondent nos.2 and 3. Mr. Kakodkar states that he has instructions to appear on behalf of proposed legal representative 1(a), the son of the deceased respondent no.1.

8th December 2022

21-MCA-3-2022.DOC 2.

Notices were ordered to the four proposed legal representatives of deceased respondent no.1. Out of this, three have been served and one of the proposed legal representatives is represented by Mr. Pranav Kakodkar. Ms. Prajyoti Gaude, the daughter of deceased respondent no.1 is, however, not served. 3.

Since the legal representatives are substantially represented and served, the delay of 483 days in bringing them on record is hereby condoned. Sufficient cause has been shown in the civil application. Such cause is reflected in paragraphs 6 and 7. Accordingly, the delay is condoned, abatement, if any, is set aside and leave is granted to bring on record all the legal representatives of the deceased respondent no.1. Further leave is granted to amend the cause title accordingly.

4.

Mr. Mestry states that necessary amendment will be carried out within two weeks from today, without fail. 5.

Misc. Civil Applications No.3/2022 and 4/2022 are disposed of.

M. S. SONAK, J.

NITI K HALDANKAR Date: 2022.12.09 09:16:43 +05'30'

NITI K HALDANKAR 8th December 2022