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Bombay High CourtMCA/276/2025allowed

Philomena Silveria v. State Of Goa Thr. The Office Of Govt. Pleader And 3 ORS

2025-12-02Hon'Ble Shri Justice Sarang V. Kotwal , Hon'Ble Shri Justice Ashish S. Chavan2 pages

2025:BHC-GOA:2365-DB MCA 276 of 2025 Esha

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.276 OF 2025 IN WRIT PETITION NO.564 OF 2024 PHILOMENA SILVERIA ... APPLICANT

Versus

STATE OF GOA THR. THE OFFICE OF GOVT. PLEADER AND 3 ORS ... RESPONDENTS Mr. Arosh Irani, Advocate (through V.C.) for the Applicant. Mr. Shivdatt P. Munj, Additional Government Advocate for Respondent Nos. 1, 3 and 4.

Mr. P.A. Kamat, Advocate for Respondent No. 2. CORAM:- SARANG V. KOTWAL & ASHISH S. CHAVAN, JJ.

DATED :- 2nd December, 2025 P.C:

This is an Application for restoration of Writ Petition No. 564 of 2024, which was dismissed for want of prosecution vide the order dated 02.04.2025.

Learned Counsel for the Applicant states that on that day, the Advocate for the Petitioner on record, could not attend the hearing as his father had expired on 26.03.2025.

2. Learned Counsel for the Respondents have no objection for restoration of this Petition, which was dismissed in these circumstances.

2nd December, 2025

MCA 276 of 2025

3. Considering the submission made before us, which according to us, was a genuine reason. Therefore, the Advocate for the Petitioner could not appear before the Court. There was genuine difficulty on his part. Therefore, we are inclined to allow this Application. Hence, the following order:- O R D E R (a) The Application is allowed.

(b) Writ Petition No. 564 of 2024 be restored to the original file. (c) Parties are at liberty to mention the matter.

4. The Application is disposed of.

ASHISH S. CHAVAN, J.

SARANG V. KOTWAL, J.

Signed by: ESHA SAINATH VAIGANKAR Designation: Personal Assistant Date: 02/12/2025 17:47:07 2nd December, 2025