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Bombay High CourtMCA/85/2018disposed of

Veronica D'Cunha (Dec) Thr. Her Lrs., v. Jonathan Francis D'Souza And 2 ORS.,

2018-03-15Hon'Ble Kum. Justice Nutan D. Sardessai2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 85 OF 2018 IN SECOND APPEAL NO. 95 OF 2015 VERONICA D'CUNHA (DEC) THR. HER LRS., ... Applicant

Versus

JONATHAN FRANCIS D'SOUZA AND 2 ORS., ... Respondents Shri G. Agni, Advocate for the Applicants.

Shri John Lobo, Advocate for the Respondent No.1. None for the Respondent Nos.2 and 3.

Coram:- NUTAN D. SARDESSAI, J.

Date:- 15th March 2018 P.C.

Heard.

2. The present application is for condonation of delay in bringing the legal representatives of the deceased-original appellant on record.

3. For the reasons set out in the application and that the legal heirs of the deceased-original appellant are already on record as respondent nos.2 and 3, there is per se no abatement of the appeal as such. Hence, the objections to the application are not

MCA/85/2018 tenable in so far as abatement is concerned. The applicant has sufficiently accounted for the delay.

4. In view thereof, the application is allowed and the delay stands condoned. The applicant to carry out the necessary corrections in the cause title within two weeks from today.

5. Application stands disposed off accordingly. NUTAN D. SARDESSAI, J.

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