Bombay High CourtMCA/494/2024disposed of

Fr. Antonio Nicolau Florindo (Dec.) Gracias Pereira Commonly Known As Fr. Nicolau Pereira, By Lrs v. Maria Amalia Agonizzante (Dec.) Basilia Dos Reis Pereira Alias Maria Amalia Pereira And 5 ORS

2025-03-20Hon'Ble Smt. Justice Bharati H. Dangre2 pages

MCA 494 of 2024 Amrut

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.494 OF 2024 IN SECOND APPEAL NO.10 OF 2011 FR. ANTONIO NICOLAU FLORINDO (DEC.) GRACIAS PEREIRA COMMONLY KNOWN AS FR. NICOLAU PEREIRA, BY LRS ... APPLICANTS

Versus

MARIA AMALIA AGONIZZANTE (DEC.) BASILIA DOS REIS PEREIRA ALIAS MARIA AMALIA PEREIRA AND 5 ORS ... RESPONDENTS Mr J. Godinho, Advocate for the applicants.

CORAM:- BHARATI H. DANGRE, J.

DATED :- 20th March, 2025 P.C.:

The application is filed for bringing the legal heirs of respondent No.4 on record by amending the memo of appeal and also praying to condone the delay of 442 days in filing the application. Perused the application, which specifically states that the Court had issued notice on 05.12.2023 to the respondents and the notice issued to respondent No.4 returned back with a bailiff remark "addressee expired". When further inquiries were made by the applicants, it was informed that respondent No.4 Suresh Kharangate has passed on 03.05.2023 and left behind his wife and children. 20th March, 2025

MCA 494 of 2024

2. The application states that only upon the bailiff's report, they got knowledge about the death of respondent No.4 and therefore, the delay of 442 days is caused in filing the application.

3. Since the reasons stated in the application appear to be bonafide, the application is allowed in terms of prayer clause (a). The legal heirs of respondent No.4 as mentioned in para 3 of the application shall be brought on record by amending the appeal memo as well as pending Misc. Civil Application within four weeks from today. The application is disposed of.

Upon amendment is being carried out, issue notice to the newly added respondents by making it returnable on 25.04.2025. BHARATI H. DANGRE, J.

Signed by: AMRUT NAGESH TARI Designation: Personal Assistant Date: 24/03/2025 10:34:06 20th March, 2025