The Principal, District And Sessions Judge, Panaji And ANR., v. The Society Of Tari Bhatkar Family Borim Rep. By Its President Shri Nanda Naik Raikar And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 620 OF 2017 IN WRIT PETITION NO. 10 OF 2013 THE PRINCIPAL, DISTRICT AND SESSIONS JUDGE, PANAJI AND ANR., ... Applicants

Versus

THE SOCIETY OF TARI BHATKAR FAMILY BORIM REP. BY ITS PRESIDENT SHRI NANDA NAIK RAIKAR AND ANR., ... Respondents Shri Dattaprasad Lawande, Advocate General with Ms. Prachita R. Kalangutkar, Additional Government Advocate for the applicants.

Shri J. Godinho, Advocate for the respondents. Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 8th August, 2017 P.C.:

This is an application to delete the direction issued by this Court to supply Certified Copy of the Judgment passed by the then Assistant District Judge, North Goa, Panaji disposing off the Civil Appeal No.155/1972.

2. Shri Dattaprasad Lawande, learned Advocate General pointed out that the original Judgment in such proceedings is not traceable despite of their endeavour of the concerned Court and as such the time bound direction issued in the order dated 04/02/2013 be accordingly deleted. The learned Advocate

MCA/620/2017 General further points out that in case a copy of the same is traced a Certified Copy thereby shall be delivered to the original petitioners.

3. In the peculiar facts and circumstances of the case, the time bound issued in the order dated 04/02/2013 stands deleted. The statement of the learned Advocate General that the original copy of the Judgment in Civil Appeal No.155/1972 is not traceable is accepted and in case the original copy of the Judgment is traced, a Certified Copy thereof shall be delivered to the original petitioners.

4. Application stands disposed off.

NUTAN D. SARDESSAI, J.

F. M. REIS, J.

mv