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Bombay High CourtMCA/491/2019allowed

Feliciana D'Cunha (Dec) Represented By Attorney, Manuel Xavier D'Cunha And 11 ORS., v. The Chief Secretary, Govt. Of Goa And 9 ORS.,

2023-10-25Hon'Ble Shri Justice Valmiki Menezes2 pages

MCA 491.2019 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO. 491 OF 2019 IN FIRST APPEAL NO.242/2007 FELICIANA DCUNHA (DEC.) REPRESENTED BY ATTORNEY MR. MANUEL XAVIER DCUNHA AND 11 ORS ... Applicants.

VS THE CHIEF SECRETARY, GOVT OF GOA AND 8 ORS., ... Respondents Ms. Sonadevi Nishad, Advocate for the Applicants. Ms. Susan Linhares, Additional Government Advocate for respondent no. 1 & 2.

Ms. Divya Parab, holding for Mr Sudin Usgaonkar, Senior Advocate for respondents no. 5 & 6.

CORAM:

VALMIKI SA MENEZES, J.

DATED:

25th October, 2023 P.C.

1.

This is an application to bring on record legal representatives of deceased respondent no. 4 who is stated to have expired on 09.06.2016. The application is supported by an affidavit of the appellant no. 3 which states that the appellant did not have the knowledge of the death of respondent no. 4 and came to know only on 05.04.2019 after seeing the bailiff's report on 05.04.2019. The application is filed on 22.04.2019. 25 October, 2023

MCA 491.2019 2.

Though there is a delay in filing the application, the explanation given in paragraph 4 of the application is accepted and accordingly the delay is condoned. The application is allowed. The appellants to carry out the amendment to implead the legal representatives of the deceased no. 4 as Respondents no. 4(A) to 4(F) forthwith. 3.

The application stands disposed of.

VALMIKI SA MENEZES, J.

25 October, 2023