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Bombay High CourtMCA/528/2019delay condoned

Jaidev Savlo Naik (Dec) Thr. Lrs. And ANR., v. Suresh Savlo Naik (Dec) Thr. Lrs. And 2 ORS.,

2022-11-17Hon'Ble Shri Justice M. S. Sonak2 pages

17-MCA-528-19.DOC Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.528 OF 2019 IN STAMP NUMBER MAIN NO. 1810 OF 2019 JAIDEV SAVLO NAIK (DEC) THR.

LRS. AND ANR., .... APPLICANTS.

Versus.

SURESH SAVLO NAIK (DEC) THR.

LRS. AND 2 ORS., ....RESPONDENTS.

Mr. Mahesh Amonkar, Advocate for the Applicants. Ms. Annelise Fernandes, Advocate for the Respondents No.1(c), 1(d), 1(g), 1(h) and 2.

Ms. V. Shetye, Advocate for Respondents No. 3(a) to 3(e). CORAM :

M. S. SONAK, J.

DATE : 17 November 2022 P.C. : - 1.

Mr. Amonkar, learned Counsel for the Applicants submits that Appellant No.2-Urmila Naik has expired. He submits that all the legal representatives of Appellant No.2 are already on record as they were brought on record after demise of her late husband. Accordingly, leave is granted to amend the cause title, suitably to indicate this fact.

th November 2022

17-MCA-528-19.DOC 2.

Mr. Amonkar submits that the Respondents have been duly served in this matter. Ms. V. Shetye appears for the legal representatives of the deceased Respondent No.3. 3.

Ms. Annelise Fernandes appears for Respondents No.1(c), 1(d), 1(g), 1(h) and 2.

4.

There is a delay of 5 days in instituting this Second Appeal. A sufficient cause has been shown in the civil application. Accordingly, this delay of 5 days is, hereby, condoned and the Misc. Civil Application No.528/2019 is disposed of. 5.

Mr. Amonkar requests for a short adjournment to argue on the admission of the Second Appeal. Accordingly, stand over to 2 nd December 2022.

6.

A copy of this order be placed in the Second Appeal. M. S. SONAK, J.

SANTOSH S MHAMAL S MHAMAL Date: 2022.11.17 17:38:27 +05'30'

th November 2022