Filomena Correia And ANR v. Antonio Francisco Correia (Dec) Thr. Lrs.

2024:BHC-GOA:1054 16 MCA 214-2022 Jose

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.214 OF 2022 IN FIRST APPEAL NO.61 OF 2016 WITH MISC. CIVIL APPLICATION NO.1517 OF 2022 (F) IN FIRST APPEAL NO.61 OF 2016 FILOMENA CORREIA AND ANR.

... Applicants.

Versus

ANTONIO FRANCISCO CORREIA (DEC) THR. LRS.

... Respondents.

Ms Nicole Mayekar, Advocate for the Applicants.

CORAM:

VALMIKI MENEZES, J.

DATED:

5th July, 2024 P.C:

1.

MCA No.1517/2022(F) is an application to bring on record legal representatives of deceased Respondent Nos.1(a), 1(e) and 1(f). Service in this matter was complete and none appeared for the proposed legal representatives or Respondents.

2.

MCA No.214/2022 is an application for condoning the delay in bringing on record the legal representatives of deceased Respondent Nos.1(a), 1(e) and 1(f). Since service on the proposed legal representatives and the remaining Respondents was complete in MCA 1517/2022, there 5th July, 2024

16 MCA 214-2022 was no requirement of service of the application for condonation of delay in MCA No.214/2022.

3.

Considering the reasons stated in these applications, for delay in bringing on record the legal representatives of the aforementioned Respondents, and the averments not having been controverted or disputed, the applications are required to be allowed. 4.

The delay in bringing the legal representatives of deceased Respondent Nos.1(a), 1(e) and 1(f) on record is hereby condoned. Both these applications are allowed. The cause title shall be amended forthwith to bring on record the legal representatives of the deceased Respondent Nos.1(a), 1(e) and 1(f).

5.

Applications stand disposed of in the above terms. 6.

First Appeal shall be added to the Final Hearing Board of the week commencing from 09.08.2024.

VALMIKI MENEZES, J.

5th July, 2024 Signed by: JOSE FRANCISCO DSOUZA Designation: Personal Assistant Date: 05/07/2024 17:15:36