Mr. Melchior Fernandes And ANR., v. Mr. Anthony F. Fernandes And 2 ORS.,

FARAD CONTINUATION SHEET

IN THE HIGH COURT OF BOMBAY AT GOA

APPELLATE SIDE MISC.CIVIL APPLICATION NO. 899 OF 2014 IN WRIT PETITION NO. 300 OF 2014 MR. MELCHIOR FERNANDES AND ANR., ... Appllicants

Versus

MR. ANTHONY F. FERNANDES AND 2 ORS., ... Respondent Adv. Mr. Cliff Fernandes, for Applicants.

REGISTRAR'S ORDER This application, seeking to bring on record the LRs of the Respondent No. 3.

Perused the application and heard the Ld. Advocate for the Applicants.

Ld. Advocate for the Applicants submitted that the fact that the Respondent No. 3 is dead, was revealed to the Applicants for the first time on 11.12.2014. The said fact was not even revealed before the Trial Court. After knowing for the first time on 11.12.2014 that the Respondent No. 3 has expired, this application is presented for the needful.

Considering the above submissions, I find substance in the claim that Applicants came to know about the death of Respondent No. 3 for the first time on 11.12.2014. As such, the application is within time.

It is necessary to bring on record LRs of Respondent No. 3 for the

adjudication of the matter. No prejudice will be caused to the opposite party if the LRs are permitted on record. In view of the submissions, application is allowed. LRs to be brought on record within two weeks from today. Application is disposed off.

Date: 5th February, 2015 ( S. C. Chandak ) i/c Registrar (Judicial) ms