Nelson Fernandes And ANR., v. Celina Fernandes And 5 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 4 OF 2018 IN STAMP NUMBER MAIN NO. 3960 OF 2017 NELSON FERNANDES AND ANR., ... Applicants

Versus

CELINA FERNANDES AND 5 ORS., ... Respondents Ms. S. Bhobe, Advocate for the applicants.

Mr. Sudesh Usgaonkar, Advocate for the respondent nos.1 to 4. Coram:- C. V. BHADANG, J.

Date:- 12th February 2018 P.C.

This is an application filed by the original defendant nos.1 and 2 for condonation of delay in filing an appeal, challenging the judgment and decree dated 25/04/2017, passed by the learned Senior Civil Judge at Margao in Special Civil Suit No.2/2012/I, by which the suit has been partly decreed.

2. I have heard the learned Counsel for the applicant and the learned Counsel for the respondent nos. 1 to 4, who are original plaintiffs and contesting respondents.

MCA/4/2018

3. Without laying down any precedent and considering the fact that the respondent has also filed F.A.No.116/2017 against part of the impugned decree, and for reasons mentioned in the application, the same is allowed. Delay is condoned. Let the First Appeal be registered.

C. V. BHADANG, J.

SMA