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Bombay High CourtMCA/867/2016disposed of

Shri. Ganesh Malu Desai., v. Shri. Gopinath K. Fotto Dessai (Dec), Rep. Thr. L.Rs.,

2017-07-20F. M. Reis2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 867 OF 2016 IN SECOND APPEAL NO. 48 OF 2005 SHRI. GANESH MALU DESAI., ... Applicant

Versus

SHRI. GOPINATH K. FOTTO DESSAI (DEC), REP. THR. L.RS., ... Respondent Ms. Gemini Xettigar, Advocate for the Applicant. Coram:- F. M. REIS, J.

Date:- 20th July, 2017 P.C.

Heard Ms. Xettigar, learned Counsel appearing for the Applicant.

2. This is an application for condonation of delay in bringing the legal representatives of the deceased Respondent no. 1(a) on record. It is pointed out that the Respondent no. 1(b) is the wife of the deceased Respondent no. 1(a). The deceased expired on 19.02.2011 during the pendency of the above Appeal. It is pointed out that the Applicant was not aware about his death.

3. As the avernments in the application are uncontroverted, the delay stands condoned. The legal representatives of the deceased Respondent no. 1(a) as reflected in the application at Para 2 are

MCA/867/2016 ordered to be brought on record. Amendment to be carried out within two weeks.

4. Issue notice to the newly added legal representatives, returnable on 18.08.2017.

F. M. REIS, J.

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