Datta L. Nayak Karmali v. The Dy. Collector, Sub-Divisional Officer And L.A.O. And ANR.,

MCA 37 of 2025 Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.37 OF 2025 IN CROSS OBJECTION NO.19 OF 2013 DATTA L. NAYAK KARMALI ... APPLICANT

Versus

THE DY. COLLECTOR, SUB-DIVISIONAL OFFICER AND L.A.O. AND ANR., ... RESPONDENT Mr Premanand Kholkar, Advocate for the applicant. Ms Susan Linhares, Additional Government Advocate for the respondent.

CORAM:- BHARATI H. DANGRE, J.

DATED :- 18th March, 2025 P.C.:

1. The Misc. Civil Application No.37 of 2025 is filed in the Cross Objection No.19 of 2013 for bringing legal heirs of deceased respondent No.1 on record in the wake of his demise on 20.05.2024. The application is accompanied by the death certificate of Laxmikant D.Naik Karmali-respondent No.1 and details of his legal heirs are set out in the application.

2. Since the death certificate certifying that respondent No.1 has passed on 20.05.2024, forms part of the record, for effective adjudication of the appeal, it is necessary to permit the applicant to 18th March, 2025

MCA 37 of 2025 bring legal heirs of demised Laxmikant D. Naik Karmali in the Cross Objection.

The application is made absolute in terms of prayer clause (a).

3. Since the First Appeal is filed by the Deputy Collector and SDO, Quepem, learned Additional Government Advocate also seeks leave to amend the first appeal so as to bring legal heirs of respondent No.1 on record.

Since the factum of respondent No.1's death is not in dispute, I deem it appropriate to grant leave to amend the cause title of First Appeal No.61 of 2013, so as to bring the legal heirs on record. Let necessary amendment be carried out in the First Appeal No.61 of 2013 as well as in the Cross Objection within two weeks from today.

Issue notice to the newly added legal heirs of respondent No.1 by making it returnable on 21.04.2025.

BHARATI H. DANGRE, J.

Signed by: AMRUT NAGESH TARI Designation: Personal Assistant Date: 19/03/2025 12:21:06 18th March, 2025