Disposed

Sebastiao Fernandes, Thr. His Widow, Ana Coneicao Gracias.,., v. Alex D'Costa and 4 Ors.

Bombay HC20 Jul 2021MCA/32/2020

Case brief

AI extract

What is this about?

The court considered an application to condone delay and restore an abated writ petition. The widow sought to be substituted for the deceased petitioner. The court kept open the issue of her legal representative status but condoned the delay and set aside the abatement.

What did the court decide?

The abatement was set aside and Writ Petition No.67 of 2016 was restored. The issue of legal representation was kept open.

Sebastiao Fernandes, Thr. His Widow, Ana Coneicao… — Writ and Judicial Review | Bombay HC (2021)

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 IN THE HIGH COURT OF BOMBAY AT GOA

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MISC. CIVIL APPLICATION NO.32 OF 2020
 IN

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WRIT PETITION NO.67 OF 2016

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SEBASTIAO FERNANDES,

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THR. HIS WIDOW,
ANA CONEICAO GRACIAS...Applicant
VS
ALEX D'COSTA AND 4 ORS....Respondents

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Ms. Amina Shaikh, Advocate for the Applicant.

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Mr. Sudesh Usgaonkar and Ms. R. Pereira, Advocates for the
Respondents.

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Coram : M. S. SONAK, J
 Date : 20th July 2021

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P.C.

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 Heard Ms. A. Shaikh, learned counsel for the Applicant
and Mr. Sudesh Usgaonkar who appears along with Ms. R. Pereira
for the Respondents.

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2The original Petitioner in this petition expired on
07.08.2018. His widow has now applied to bring herself on record
in place of the deceased Petitioner and to pursue Writ Petition
No.67 of 2016 since, there is a delay for filing an application
seeking condonation.

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3Now if the reasons set out in the application are perused
then, according to me, sufficient cause has been made out to
condone the delay. The widow has claimed that she is unaware
about the pendency of this petition and it is only in the month of
November 2019 she came to know about the dismissal of the writ
petition as abated. The connected Writ Petition No.297 of 2018 is
still pending.

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4Mr. Usgaonkar, learned counsel for the Respondents
submits that the widow, in the facts of the present case cannot be
construed as a legal representative particularly she was not residing
in the suit hut/house, which is the subject matter of the litigation.

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5According to me, the aforesaid dispute cannot be
decided at this stage. The issue as to whether the Applicant/widow
is a proper legal representative or a relater to pursue the Writ
Petition No.67 of 2016 can be kept open and is hereby kept open.
This issue can be raised by the Respondents at the stage of final
hearing of the petition and will be considered in accord with the
law and on its own merits.

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6At this stage, however, it is too premature to hold that
the Applicant has no interest whatsoever in this matter or that she

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should be precluded from even pursuing the Writ Petition No.67 of
2016.

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7Therefore, by keeping open the objections of
Mr. Usgaonkar, the delay in setting aside abatement is condoned.
The abatement itself is set aside and the Writ Petition No.67 of
2016 is hereby restored.

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8The Applicant to carry out necessary amendment to the
cause title in the restored petition within two weeks from today.

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9Misc. Civil Application No.32 of 2020 is disposed of in

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the aforesaid terms.

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M. S. SONAK, J

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at*

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Digitally signed by TARI AMRUT TARI AMRUT NAGESH NAGESH Date: 2021.07.22 12:13:54 +05'30'

Sebastiao Fernandes, Thr. His Widow, Ana Coneicao Gracias.,., v. Alex D'Costa and 4 Ors.

Case brief

What is this about?

What did the court decide?

Sebastiao Fernandes, Thr. His Widow, Ana Coneicao Gracias.,., v. Alex D'Costa and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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