This single-judge order rejects a Misc. Civil Application seeking to set aside the abatement of First Appeal No.226/2000. The court held that condonation of a 9-year delay was unjustified as the applicants knew of the respondent's death and her heirs yetfailed to bring them on record.
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IN THE HIGH COURT OF BOMBAY AT GOA
MISC.CIVIL APPLICATION NO. 603 OF 2010
IN
FIRST APPEAL NO. 226 OF 2000
STATE OF GOA & ANR. Versus SMT.LILIA LOPES E LUIS
... Applicant
... Respondent
Mr. S. Bandodkar, Additional Govt. Advocate for the applicants.
Coram:D. G. KARNIK, J.
Date:14th October, 2010
P.C.:-
This application has been filed by the applicants for setting aside the abatement of First Appeal No.226/2000 and for condonation of delay in making the application. Smt. Lilia Lopes was the respondent whose land has been acquired. She, through her heirs has filed First Appeal No.24/2001, challenging the Judgment and Award of the Reference Court. It therefore cannot be said that the applicants were not aware of the death of Smt. Lilia Lopes, nor can it be said that they were not aware of the names of the heirs of Smt. Lilia Lopes. Despite the knowledge of the death and also knowing the names of heirs of the deceased Smt. Lilia Lopes, the heirs were not brought on record. Hence, I do not see any reason for condoning the delay which is of more than 9 years in making the application. The application is accordingly rejected.
ssm.
2 issues framed by the court
Whether there is sufficient cause for condoning a delay of more than 9 years in filing an application to set aside abatement of appeal.
Whether adequate notice of the original party's death and the names of her heirs was available to the applicants.
STATE OF GOA & ANR.
SMT. LILIA LOPES E LUIS
D. G. KARNIK
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
