Jose Gracias Alias Jose Amarante De Menino Jesus Gracias And ANR v. Antonio Pancecao Browen (Dec Thr. Lrs.) And 23 ORS

MCA-265-23.DOC Santosh

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO. 265/2023 IN WRIT PETITION NO. 286/2022 JOSE GRACIAS ALIAS JOSE AMARANTE DE MENINO JESUS GRACIAS AND ANR ... Applicants.

Versus

ANTONIO PANCECAO BROWEN (DEC THR. LRS.) AND 23 ORS ... Respondents.

Mr C.A. Coutinho with Mr I. Santimano, Advocates for the Applicants.

Ms T. Mashelkar, holding for Mr Parag Wagle, Advocate for Respondent No.1(ix).

CORAM :

M. S. SONAK, J.

DATE :

27th July 2023 P.C. :

1.

Heard Mr Coutinho for the Applicants and Ms T. Mashelkar holding for Mr P. Wagle, Advocate for Respondent No.1(ix). 2.

By order dated 27/4/2023, leave was granted to the Applicants/Petitioners to implead parties. Te issue of limitation was, however, kept open.

3.

Te above order was produced before the learned Trial Judge. On the first date, when the Court resumed sitting, on the ground that the amendment was not carried out within 14 days, the learned Trial Judge has declined the Applicants leave to carry out the amendment.

27/07/23

MCA-265-23.DOC 4.

Considering the categorical order of this Court and the fact that the amendment was sought to be carried out on the first date after the Court resumed, such an order should not have been made. Te impugned order dated 5/7/2023 is set aside and once again leave is granted to the Petitioners to implead parties. Te issue of limitation or other objections that the opposite party may have, are kept open.

5.

Mr Coutinho states that this time necessary amendment will be carried out within one week from today.

6.

Misc. Civil Application No.265/2023 is disposed of. 7.

All concerned to act on an authenticated copy of this order. M. S. SONAK, J.

SANTOSH S MHAMAL Date: 2023.07.28 12:07:00 +05'30'

SANTOSH S MHAMAL 27/07/23