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Bombay High CourtMCA/2/2014delay condoned

Smt. Nirmalabai Shivajirao Desao (Sin. Dic.) Through Lr'S. And 10 ORS., v. Vitorino Rodrigues And 4 ORS.,

2023-06-23Hon'Ble Shri Justice M. S. Sonak2 pages

9-MCA-2-2014.DOC Niti

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.2 OF 2014 IN SECOND APPEAL NO.23 OF 2013 SMT. NIRMALABAI SHIVAJIRAO DESAO (SIN.

DIC.) THROUGH LR'S. AND 10 ORS.

....APPLICANTS

Versus

VITORINO RODRIGUES AND 4 ORS.

....RESPONDENTS Mr L Pednekar, Advocate for the Applicants.

CORAM :

M. S. SONAK, J.

DATE :

23rd JUNE 2023 P.C. :

1.

Heard Mr L. Pednekar for the applicants. He states that the respondents have been duly served.

2.

Mr Pednekar points out the circumstances in which the delay of about 216 days occurred to take steps to bring on record the legal representatives of deceased respondent no.4. On perusing the civil application, I am satisfied that the delay has been sufficiently explained.

23rd June 2023

9-MCA-2-2014.DOC 3.

Accordingly, the delay is condoned. Abatement, if any, is set aside and leave is granted to bring on record the legal representatives of deceased respondent no.4. Mr Pednekar states that necessary amendment will be carried out within two weeks from today. Not only must the amendment be carried out, steps must also be taken to serve notices on the legal representatives of deceased respondent no.4. Mr Pednekar states that this will be done within two weeks. 4.

Misc. Civil Application No.2/2014 is accordingly disposed of. M. S. SONAK, J.

K HALDANKAR Date: 2023.06.26 11:03:24 +05'30'

NITI K HALDANKAR 23rd June 2023