Abel Almeida And 11 ORS., v. Shankar Yesso Fal Desai And 39 ORS.,

5-MCAS-423-19-441-18.DOC Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATIONS NO.423/2019 & 441/2018 IN SECOND APPEAL NO.120/2011 ABEL ALMEIDA AND OTHERS.

... Applicants.

Versus

SHANKAR YESSO FAL DESAI AND OTHERS.

... Respondents.

Mr. Parikshit Sawant with Mr Omkar Mestri, Advocates for the Applicants.

Mr I. Santimano, Advocate for Respondents No.1 to 4. CORAM :

VALMIKI SA MENEZES, J.

DATE :

16th October 2023 P.C. :

1.

From the record, it appears that the legal representatives no.16(c), 25(a) and 25(c), who are the legal representatives of respective Respondents No.16, 17 and 25, have now been served by publication. Hence, service on all the Respondents is complete. 2.

For the reasons stated in the application, the delay in filing the application to bring the legal representatives of the deceased Respondents No.16, 17 and 25 is condoned and prayer clause (a) is granted.

3.

In so far as prayer clause (b) is concerned, there is no delay in bringing the legal representatives of deceased Respondent No.35 on record. Te legal representatives being Respondents No.36, 37, 38 and 39 are already on record, prayer clause (b) is also allowed. 16/10/23

5-MCAS-423-19-441-18.DOC Te learned advocate for the Appellants undertakes to amend the cause title to add the names of the legal representatives of Respondents No.16, 17 and 25 on record and to correct the cause title to state that Respondent No.5 is deceased. 4.

Misc. Civil Applications No. 423/2019 and 441/2018 are disposed of.

5.

Place Second Appeal No.120/2011 on the final hearing board on 9th November 2023.

VALMIKI SA MENEZES, J 16/10/23