Mr. Pedro Vales (Deceased), Through His Legal Heirs., v. Mrs. Maria Rosaria Gomes Pereira (Deceased) Through Her Legal Heirs.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 16 OF 2017 IN SECOND APPEAL NO. 98 OF 2016 MR. PEDRO VALES (DECEASED), THROUGH HIS LEGAL HEIRS., ... Applicant

Versus

MRS. MARIA ROSARIA GOMES PEREIRA (DECEASED) THROUGH HER LEGAL HEIRS., ... Respondent Mr. E. Usapkar, Advocate for the Applicant.

Mr. A. R. Kantak, Advocate for the Respondents. Coram:- F. M. REIS, J.

Date:- 12th January, 2017 P.C.

Heard Mr. Usapkar, learned Counsel appearing for the Applicant and Mr. Kantak, learned Counsel appearing for the Respondents.

2. This is an application for condonation of delay to bring the legal representatives of the deceased Respondent no. 1(g) on record. It is not disputed that the intimation of the death of the deceased Respondent in terms of Order 22 Rule 10-A of the Civil Procedure Code was placed by the learned Counsel appearing for the deceased only on 25.08.2016. The application for condonation of delay and to bring the legal representatives of

MCA/16/2017 the deceased Respondent no. 1(g) was filed on 14.10.2016.

3. In such circumstances, I find no reason to dismiss the application filed by the Applicant. The delay stands accordingly condoned. The legal representatives of the Respondent no. 1(g) are ordered to be brought on record.

4. Application stands accordingly disposed of.

5. Place the Second Appeal for admission on 27.01.2017. F. M. REIS, J.

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