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Bombay High CourtMCA/672/2018allowed

Anant C. Kamat., v. Dhaktu Vishnu Gaonkar (Dec) Thr. Lrs. And 11 ORS.,

2018-12-05Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 672 OF 2018 IN WRIT PETITION NO. 647 OF 2018 ANANT C. KAMAT., ... Applicant

Versus

DHAKTU VISHNU GAONKAR (DEC) THR.

LRS. AND 11 ORS., ... Respondents Ms. A. Fernandes, Advocate for the applicant. Coram:- C. V. BHADANG, J.

Date:- 5th December 2018 P.C.

This is an application for bringing the LRs of the deceased respondent no.9 on record. The respondent no.9 has expired on 10/06/2010 at Wadaval, Bicholim. However, according to the applicant, he learnt about the death of the respondent no.9 only on 23/07/2018, when the notice addressed to the respondent no.9 was returned with the endorsement that the noticee has expired. The applicant had no knowledge about the death of the respondent no.9. The record does not disclose that Advocate for the respondent no.9 had intimated the fact about the death of the respondent no.9 to the Court in accordance with Order XXII, Rule 10A of the Code of Civil Procedure. The proposed LRs, as mentioned in para 6 of the application, are served. However, none appears for the proposed LRs.

MCA/672/2018

2. Considering the overall circumstances, the application is allowed. Necessary addition shall be made within a period of one week.

C. V. BHADANG, J.

SMA