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Bombay High CourtMCA/852/2016allowed

Mr. Blasco Pereira @ Blasco Antonio Francisco Xavier William Pereira @ Blasco William Pereira., v. Mr. Maxwell Dias @ Mehmood Mirza And 55 ORS.,

2017-02-03Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 852 OF 2016 IN STAMP NUMBER MAIN NO. 3230 OF 2016 MR. BLASCO PEREIRA @ BLASCO ANTONIO FRANCISCO XAVIER WILLIAM PEREIRA @ BLASCO WILLIAM PEREIRA., ... Applicant

Versus

MR. MAXWELL DIAS @ MEHMOOD MIRZA AND 55 ORS., ... Respondents Adv. Dhaval Damodar Zaveri for the Applicant. Adv. P. Dangui for Respondent no.2.

Adv. Rohan Rama Dessai for Respondent no.7,17,18,19 & 38 Coram:- C. V. BHADANG, J.

Date:- 3rd February, 2017 P.C.:

Heard the learned counsel for the applicant and the learned counsel for the contesting respondent nos.7,17,18,19 & 38. I have also heard the learned counsel for respondent no.2, who is supporting the petitioner. In so far as respondent no.1 is concerned, he was the sole plaintiff, who had sought withdrawal of the suit. The impugned order challenged is permitting the transposition of Respondent no.7,17,18,19 & 38 as plaintiffs. It can thus be seen that the only contesting respondents are the Respondent no.7,17,18,19 & 38. In such circumstances, the service of notice on respondent no.1 is dispensed with.

MCA/852/2016

2. For the reasons stated in the application the same is allowed. The delay is condoned. Let the Civil Revision application be registered.

3. The Civil Revision application to stand over for admission on 10/2/2017 C. V. BHADANG, J.

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