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Bombay High CourtMCA/317/2018allowed

Milagrina Pereira E Xavier And 5 ORS., v. Antonio Walter Do Rosario Colaco @ Walter Collaco And 5 ORS.,

2018-07-09Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 317 OF 2018 IN APPEAL FROM ORDER NO. 61 OF 2015 MILAGRINA PEREIRA E XAVIER AND 5 ORS., ... Applicants

Versus

ANTONIO WALTER DO ROSARIO COLACO @ WALTER COLLACO AND 5 ORS., ... Respondents Shri Somnath B. Karpe, Advocate for the applicants. Ms. R. Pereira, Advocate for the respondents. Sudesh Usgaonkar Advocate For Caveators Coram:- NUTAN D. SARDESSAI, J.

Date:- 9th July 2018 P.C.:

Ms. R. Pereira, learned Advocate for the respondents submits that though the deceased appellant No.1 expired on 23/02/2016, the legal representatives are sought to be brought on record only in April 2018.

2. Shri S. Karpe, learned Advocate for the applicants further submits that all the legal heirs of the deceased appellant No.1 were brought on record before the Trial Court on 11/07/2017 and some of the legal representatives have already been brought on record as the original plaintiffs in the suit.

MCA/317/2018

3. In view thereof, her objection does not survive. The application stands allowed and the same stands disposed off accordingly.

4. Shri Karpe, learned Advocate for the applicant undertakes to carry out the amendment within a week. Leave granted. NUTAN D. SARDESSAI, J.

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