Application to bring legal representatives of deceased respondents on record, condone delay, and set aside abatement. Allowed.
Condonation of delay and setting aside abatement; legal representatives of deceased respondents brought on record; amendment directed within two weeks.
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21-MCA-225-2019.DOC
vinita
IN THE HIGH COURT OF BOMBAY AT GOA. MISC. CIVIL APPLICATION NO.225 OF 2019 IN
SECOND APPEAL NO.33 OF 2005 BALKRISHNA N. NAIK GIABJAR(DEC) THR. HIS LRS AND ANR. …. Applicants. VS PURSHOTTAM V. DESSAI (DEC) AND 3 ORS. …. Respondents.
Ms. R. Pereira, Advocate for the applicants.
CORAM: MANISH PITALE, J. DATED: 8th December, 2021.
P.C.:
1. This is an application for bringing on record legal representatives of the deceased respondent nos.1 and 2 who have died during the pendency of the appeal. Prayers for condonation of delay and setting aside abatement are made in the present application.
2. It is stated that when the appeal was taken up for hearing, the learned Counsel appearing for the respondents informed the applicants/appellants about the death of respondent nos.1 and 2.
3. According to the appellants, steps were immediately taken to move the present application and it is further
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21-MCA-225-2019.DOC
informed that notice has been duly served on all the parties, including the proposed legal representatives.
4. When the application is called out for hearing, none appeared on behalf of the respondents/proposed legal representatives.
5. Hence, for the reasons stated in the application, the same is allowed. Delay is condoned, abatement is set aside and the legal representatives of deceased respondent nos.1 and 2, details of whom are given in paragraphs 6 and 7 of the application, are permitted to be brought on record. Amendment to be carried out within a period of two weeks from today.
6. Application stands disposed of.
MANISH PITALE,J.
VINITA VIKAS NAIK
Digitally signed by VINITA VIKAS NAIK Date: 2021.12.09 10:23:43 +05'30'
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1 issue framed by the court
Whether delay in moving the application to bring legal representatives of deceased respondents on record should be condoned.
Balkrishna N. Naik Giabjar (dec) thr. his LRS and anr.
Purshottam V. Desai (dec) and 3 ors.
Manish Pitale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
