Allowed bringing legal representatives of deceased respondent on record and condoned 1382 days delay; reserved liberty for appellants to seek change of names via separate application.
Legal representatives of deceased Respondent 1(a) permitted on record; delay condoned.
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25-MCA-153-2021-SA-45-2010.DOC
Andreza
IN THE HIGH COURT OF BOMBAY AT GOA MISC. CIVIL APPLICATION NO. 153 OF 2021 IN SECOND APPEAL NO. 45 OF 2010
Ramanand Gunaji Amonkar & 5 Ors. … Applicants-Appellants Versus Raghuvir Shamba Amonkar (Dec.) …Respondents Through LRS.
Mr. Santosh Shivam Fadte, Advocate for the Applicants. Ms. Maria Cotta Viegas, Advocate for the Respondents.
CORAM: MANISH PITALE, J
DATED: 1st December, 2021
P.C.
1. By this application, the Applicants/Appellants seek permission to bring on record the legal representatives of Respondent no.1(a). There is a prayer for condonation of delay of 1382 days in filing the application in bringing the legal representatives on record. In this application, there is another prayer made on behalf of the Applicants/Appellants for permission to change the names of Appellant nos. 4, 5 and 6 in the cause title of the Second Appeal.
2. This Court is of the opinion that the aforesaid prayer i.e. prayer clause (c), ought not to have been made in the present application which concerns bringing on record the legal representatives of the deceased Respondent no.1(a) and for condonation of delay in that regard.
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25-MCA-153-2021-SA-45-2010.DOC
3. Therefore, the said prayer (c) is not being considered in the present application and liberty is reserved for the Appellants to move an appropriate application in that regard.
4. Insofar as the prayer of bringing on record the legal representatives of the deceased Respondent no. 1(a) and condonation of delay in that regard is concerned, there is no specific objection raised on behalf of the Respondents in that regard.
5. Hence, for the reasons stated in the application, the same is allowed in terms of prayer clauses (a) and (b) and the legal representatives of Respondent no.1(a), details of whom are given in paragraph 3 of the application are permitted to be brought on record. The delay in bringing them on record is condoned.
6. The application stands disposed of.
7. Consequential amendments to be carried out within a period of two weeks from today.
MANISH PITALE, J
ANDREZA PEREIRA
Digitally signed by ANDREZA PEREIRA Date: 2021.12.01 16:46:08 +05'30'
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2 issues framed by the court
Whether delay in bringing legal representatives on record can be condoned.
Whether a prayer to change appellants' names can be considered in an application for bringing LR on record.
RAMANAND GUNAJI AMONKAR & 5 ORS.
RAGHUVIR SHAMBA AMONKAR
MANISH PITALE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
