Anita L. D'Silva And 3 ORS., v. Herculano Ernesto Lacerda (Deceased) And 6 ORS.,

1 MCAs 693.16, 104.17

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 693 OF 2016 IN STAMP NUMBER MAIN NO. 3909 OF 2015 AND MISC.CIVIL APPLICATION NO. 104 OF 2017 IN STAMP NUMBER MAIN NO. 3909 OF 2015 ANITA L. D\'SILVA AND 3 ORS., ... Applicants

Versus

HERCULANO ERNESTO LACERDA (DECEASED) AND 6 ORS., ... Respondents Adv. Mr. V. Sawant for the Applicants.

Adv. Mr. I. Santimano for the the Respondents. Coram:- DAMA SESHADRI NAIDU, J.

Date:- 17th January 2020 P.C.:

The 2nd respondent died on 14th February 2016 and the 3rd respondent on 28th February 2016. To bring the legal heirs of those respondents on record, the appellants have filed M.C.A No.693/2016. He filed that application with a delay. As to the 2nd respondent, the delay is 96 days; and the 3rd respondent, 82 days. To have the delay condoned, the appellants have filed MCA No.104/2017.

Heard the learned counsel for the appellants and the learned counsel for the respondent no.2(ii).

Despite the opposition by the respondents' counsel, I reckon the appellants have sufficiently explained the delay for their not filing M.C.A No.693/2016 on time. Thus, the delay stands explained. So it is condoned.

2 MCAs 693.16, 104.17 Consequently, the abatement, too, stands set aside. The appellants will bring on record the legal representatives of the deceased 2nd and 3rd respondent; amendment to be carried out in two weeks after the order is uploaded. DAMA SESHADRI NAIDU, J.

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