Rama Chandru Raut And 5 ORS., v. Gopal Vaman Raut And 12 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 137 OF 2017 IN STAMP NUMBER MAIN NO. 719 OF 2016 RAMA CHANDRU RAUT AND 5 ORS., ... Applicants

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GOPAL VAMAN RAUT AND 12 ORS., ... Respondents Mr. Ryan Da Piedade Menezes, Advocate for the applicants. Coram:- F. M. REIS, J.

Date:- 17th March, 2017 P.C.

Heard Mr. R. Menezes, learned counsel appearing for the applicants.

2. This is an application for condonation of delay in filing revision challenging the order dated 02.12.2016 passed by the learned Registrar.

3. For the reasons stated in the application which are supported by an affidavit, the delay stands condoned.

4. The revision challenging an order dated 02.12.2016 passed by the learned Registrar whereby the registration of Second Appeal was refused on the ground that the certified copy

MCA/137/2017 of the memorandum of appeal filed before the learned Lower Appellate Court was not attached to the appeal memo. The learned counsel appearing for the applicants points out that the copy of the appeal memo is on record and as an appeal has been filed also by some of the respondents, the records and proceedings have been called before this Court. It is further pointed out that all the earlier objections raised have already been cleared by the Advocate appearing for the applicants.

5. In the peculiar facts and circumstances of the case, the impugned order passed by the learned Registrar dated 02.12.2016 is quashed and set aside. The filing of the certified copy of the appeal memo stands dispensed with subject to the applicants producing self certified copy as true copy of the appeal memo attached to the above Second Appeal.

6. The application stands disposed of accordingly. F. M. REIS, J.

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