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Bombay High CourtMCA/296/2021allowed

Chondru Janu Velip (Dec) Thr. His Lrs. And 7 ORS v. Narayan Govind Velip And 13 ORS

2022-01-17Hon'Ble Shri Justice M. S. Sonak2 pages

24-MCA-296 & 297-2021.DOC Suchitra

IN THE HIGH COURT OF BOMBAY AT GOA

MISC. CIVIL APPLICATION NO.296/2021 IN STAMP NUMBER (APPLICATION) NO.3981/2019 WITH MISC. CIVIL APPLICATION NO.297/2021 IN STAMP NUMBER (APPLICATION) NO.3979/2019 CHONDRU JANU VELIP (DEC) THR.

HIS LRS. AND 7 ORS.

...APPLICANTS

Versus

NARAYAN GOVIND VELIP & 13 ORS.

...RESPONDENTS Mr. S. Keny, Advocate for the Applicants.

Mr. Shivam Phadte, Advocate for Respondents No.2, 3 & 4.

CORAM:

M. S. SONAK, J.

DATED:

17th January 2022 P.C.:

1.

Heard learned counsel for the parties.

2.

In this case, respondent no.12 has expired. The present applications are filed seeking condonation of delay and leave to bring on record the legal representatives of deceased respondent no.12, if necessary, by setting aside abatement. th January 2022

24-MCA-296 & 297-2021.DOC Substantial reasons have been set out in the applications and consequently sufficient cause is shown to condone the delay and to allow these applications.

3.

Accordingly, both the applications are allowed. Delay is condoned. Abatement, if any, is set aside. Leave is granted to bring on record the legal representatives of deceased respondent no.12.

4.

Necessary amendment/steps to be taken within two weeks from today.

5.

Once the legal representatives are brought on record, the applicant will have to take steps to serve them in the main appeal. Such steps will have to be taken expeditiously and affidavit of compliance will also have to be filed in the main appeal.

6.

Both the Misc. Civil Applications No.296/2021 and 297/2021 are disposed of in the aforesaid terms. M. S. SONAK, J.

th January 2022