← Library
Bombay High CourtMCA/272/2015allowed

Mr.Vincente Henriques Nicolau Da Costa And ANR., v. Mr. Simoes Salvador Lorete Da Costa And ANR.,

2015-04-28Hon'Ble Shri Justice M. S. Sanklecha2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 272 OF 2015 IN SECOND APPEAL NO. 81 OF 2013 MR.VINCENTE HENRIQUES NICOLAU DA COSTA AND ANR., ... Applicants

Versus

MR. SIMOES SALVADOR LORETE DA COSTA AND ANR., ... Respondents Mr. Sudesh Usgaonkar, Advocate for the applicants. Mr. Ryan Da Piedade Menezes, Advocate for the respondents. Coram:- M. S. SANKLECHA, J.

Date:- 28th April, 2015 P.C.

This application seeks an early hearing of Second Appeal filed against the order of the First Appellate Court dated 07/03/2013. The applicant no.1, who is the respondent no.1 in appeal proceedings, is 86 years of age. In the above view, this application has been made for early hearing.

2. Mr. Ryan Menezes, the learned Counsel for the respondents has no objection to the early hearing of the appeal. However, he objects to certain averments in paragraph 8 of the application.

3. Mr. Usgaonkar, the learned Counsel appearing for the

MCA/272/2015 applicant, on instructions, states that the averments in paragraph 8 are not being pressed for the purpose of this application.

4. In the above view, as the applicant no.1 is 86 years of age, the application is allowed. Second Appeal to be added to the final hearing board commencing from 08/06/2015 onwards. M. S. SANKLECHA, J.

SMA