Daniel Antonio Mascarenhas v. Santana Maria Tereza Fernandes @ Terezinha Fernandes and 3 Ors.
Case brief
What is this about?
WP 100 of 2026, High Court of Bombay at Goa, neutral citation 2026:BHC-GOA:218, decided 10-02-2026 by VALMIKI MENEZES, J. Daniel Antonio Mascarenhas v. Santana Maria Tereza Fernandes @ Terezinha Fernandes and 3 Ors; Mr. Parag S. Rao with Mr. Akhil Parrikar, Advocates for the Petitioner; no advocate recorded for respondents. Keywords: abatement of suit; application to set aside abatement; Order 43 Rule 1(k) CPC; Order XLIII; appealable interlocutory order; alternate remedy; maintainability of writ petition; withdrawal of petition; condonation of delay; seven days' delay; limitation; District Court Goa. Outcome: writ petition disposed of as withdrawn; District Court to decide condonation application giving due regard to filing of writ petition on legal advice seven days beyond limitation. No precedents cited; no monetary quantum involved.
What did the court decide?
Writ petition disposed of as withdrawn; the petitioner may lodge an appeal under Order 43 Rule 1(k) CPC before the District Court with an application to condone the seven-day delay, which the District Court is directed to decide giving due regard to the writ petition having been filed on the basis of legal advice and lodged seven days beyond the prescribed limitation.