Norma Carneiro Alphonso, Represented By Her Attorney Rabindra A Leonardo Dias v. Godwin Avito Augusto Gonsalves And 7 ORS
2025:BHC-GOA:1894 Vinita
IN THE HIGH COURT OF BOMBAY AT GOA.
MISC CIVIL APPLICATION NO. 558 OF 2023 IN WRIT PETITION NO. 522 OF 2015.
NORMA CARNEIRO ALPHONSO REPRESENTED BY HER ATTORNEY RABINDRA A LEONARDO DIAS ..... Applicant/Appellant.
Versus
GODWIN AVITO AUGUSTO GONSALVES AND 7 ORS.
.....Respondents.
Ms. Maria Corriea, Advocate for the Applicants/Petitioners. CORAM: SHREERAM V. SHIRSAT, J.
DATE: 1st October 2025 P.C.
1.
Heard Ms M. Correia, learned Counsel for the Applicant. 2.
The Applicant has moved the present application seeking recall of the Order dated 22.2.2023 passed in Writ Petition No. 522 of 2015, whereby Applicant was permitted to serve Respondent No.6 at the fresh address, with a further direction that if such steps are not taken within two weeks, the petition
would stand dismissed, as against Respondent No. 6 without further reference to the Court.
3.
The Applicant submits that due to the ill health and subsequent hospitalization of the Advocate for the Petitioner, steps as directed in the said order could not be taken within the prescribed time. It is further submitted that the failure to act was neither deliberate nor intentional, but solely attributable to circumstances beyond the Advocate's control. The Advocate for the Applicant is now in a position to proceed with service upon Respondent No. 6 at the new address.
4.
In view of the above, although no medical documents have been annexed in support of the contention raised, however in the interest of justice, the Order dated 22.2.2023 is recalled to the limited extent that it directed dismissal of the petition as against Respondent No. 6. The Applicant is permitted to take steps to serve Respondent No. 6 at the new address within two weeks from the date of this order.
5.
Application stands disposed of accordingly.
SHREERAM V. SHIRSAT, J.
Signed by: VINITA VIKAS NAIK Designation: Private Secretary Date: 04/10/2025 14:43:43