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Bombay High CourtMCA/153/2021allowed

Ramanand Gunaji Amonkar And 5 ORS v. Raghuvir Shamba Amonkar (Dec) Through Lrs.

2021-12-01Hon'Ble Shri Justice Manish Pitale2 pages

25-MCA-153-2021-SA-45-2010.DOC Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO. 153 OF 2021 IN SECOND APPEAL NO. 45 OF 2010 Ramanand Gunaji Amonkar & 5 Ors.

... Applicants-Appellants

Versus

Raghuvir Shamba Amonkar (Dec.) Through LRS.

...Respondents

Mr. Santosh Shivam Fadte, Advocate for the Applicants. Ms. Maria Cotta Viegas, Advocate for the Respondents.

CORAM:

MANISH PITALE, J DATED:

1st December, 2021 P.C.

1.

By this application, the Applicants/Appellants seek permission to bring on record the legal representatives of Respondent no.1(a). There is a prayer for condonation of delay of 1382 days in filing the application in bringing the legal representatives on record. In this application, there is another prayer made on behalf of the Applicants/Appellants for permission to change the names of Appellant nos. 4, 5 and 6 in the cause title of the Second Appeal. 2.

This Court is of the opinion that the aforesaid prayer i.e. prayer clause (c), ought not to have been made in the present application which concerns bringing on record the legal representatives of the deceased Respondent no.1(a) and for condonation of delay in that regard.

1st December 2021

25-MCA-153-2021-SA-45-2010.DOC 3.

Therefore, the said prayer (c) is not being considered in the present application and liberty is reserved for the Appellants to move an appropriate application in that regard.

4.

Insofar as the prayer of bringing on record the legal representatives of the deceased Respondent no. 1(a) and condonation of delay in that regard is concerned, there is no specific objection raised on behalf of the Respondents in that regard. 5.

Hence, for the reasons stated in the application, the same is allowed in terms of prayer clauses (a) and (b) and the legal representatives of Respondent no.1(a), details of whom are given in paragraph 3 of the application are permitted to be brought on record. The delay in bringing them on record is condoned. 6.

The application stands disposed of.

7.

Consequential amendments to be carried out within a period of two weeks from today.

MANISH PITALE, J PEREIRA Date: 2021.12.01 16:46:08 +05'30'

ANDREZA PEREIRA 1st December 2021