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Bombay High CourtSA/26/2008appeal abated

Mr. Franscisco Joao Rodrigues (Deceased) Through Lr'S v. Mrs. Savitribai Raghuvir Sinai Khandeparkar

2016-07-15F. M. Reis2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

SECOND APPEAL NO. 26 OF 2008 MR. FRANSCISCO JOAO RODRIGUES (DECEASED) THROUGH LR'S ... Appellants

Versus

MRS. SAVITRIBAI RAGHUVIR SINAI KHANDEPARKAR ... Respondent Mr. V. Korgaonkar, Advocate for the appellants. Ms. T. Ghanekar, Advocate for the respondent. Coram:- F. M. REIS, J.

Date:- 15th July, 2016 P.C.

By order dated 10.01.2014, it was brought to the notice of the learned counsel appearing for the appellants that the sole respondent has expired two years prior to such date and the appellants were given liberty to file an appropriate application to bring the legal representatives on record. The records reveal that no such application has been filed by the appellants up to this date. Hence, the appeal stands automatically dismissed as abated. Needless to say that the legal representatives, if so advised may file an application to set aside the abatement and condonation of delay to bring themselves as legal representatives of the deceased respondent and in case such application is filed, it shall be examined on its own merits upon hearing the parties in accordance with law. F. M. REIS, J.

SA/26/2008 at*