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Bombay High CourtMCA/251/2023allowed

Jose Francisco Camilo (Since Deceased) And ANR v. Maria Serafina Da Cruz

2023-09-08Hon'Ble Shri Justice M. S. Sonak2 pages

22-MCA-251-23 Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO. 251 OF 2023 IN SECOND APPEAL NO. 66 OF 2009 JOSE FRANCISCO CAMILO (SINCE DECEASED) AND ANR ... Applicants.

Versus

MARIA SERAFINA DA CRUZ .... Respondents.

Mr V.R. Tamba with Mr Paresh P. Sawant, Advocates for the Applicants.

CORAM :

M. S. SONAK, J.

DATE :

8TH SEPTEMBER 2023 P.C. :

1.

Heard Mr Paresh Sawant for the Applicant.

2.

A sufficient cause has been shown in the application for non-appearance on 13/4/2023. Some explanation is also offered why even on previous dates there was non-appearance. It is explained that the Advocate on record who used to attend this matter, left the chamber, as a result of it, the matter could not be attended to.

3.

Te explanation is satisfactory. A sufficient cause is shown. Accordingly, the order dated 13/4/2023, dismissing Second Appeal No.66/2009 for non-prosecution, is recalled. Second Appeal No.66/2009 is restored. Te same should now be added to the final hearing board.

08/09/23

22-MCA-251-23 4.

Mr Tamba and Mr Sawant state that they will attend to this matter when it is called our for final hearing. 5.

Misc. Civil Application No.251/2023 is allowed. 6.

Tere shall be no order for costs.

M. S. SONAK, J 08/09/23