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2021 Supreme(Bom) 1566
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT GOA
Manish Pitale, J.
Suryakant Pundalik Kamat & Anr. - Appellants
Versus
Devidas Pundalik Kamat & Anr. - Respondents
Miscellaneous Civil Application No. 2309 of 2021 F In Second Appeal No. 17 of 2020
Decided On : 07-12-2021
S. D. Lotlikar, Advocate, T. Sequeira, Advocate, J. J. Mulgaonkar, Advocate
The court has the discretion to allow the bringing on record of legal representatives of a deceased party in a legal proceeding.
Headnote:
Permission - Legal Representatives - The court allowed the application to bring on record the legal representatives of the deceased respondent no.1, permitting an amendment to be carried out within one week. The court also granted time for the appearance of legal representatives and further consideration of the appeal.
Fact of the Case:
The applicants filed an application seeking permission to bring on record the legal representatives of the deceased respondent no.1.
Finding of the Court:
The court allowed the application and permitted the legal representatives to be brought on record, granting time for further consideration of the appeal.
Issues: The main issue was the permission to bring on record the legal representatives of the deceased respondent no.1.
Ratio Decidendi: The court considered the reasons stated in the application and allowed the same, emphasizing the need to bring on record the legal representatives of the deceased respondent no.1.
Final Decision: The application was allowed, and the legal representatives of the deceased respondent no.1 were permitted to be brought on record, with further consideration of the appeal scheduled for a later date.
JUDGMENT
Manish Pitale, J. - This is an application filed by the applicants seeking permission to bring on record legal representatives of deceased respondent no.1.
2. For the reasons stated in the application, the same is allowed and the legal representatives of deceased respondent no.1, details of whom are given in paragraph 5 of the application are permitted to be brought on record. Amendment to be carried out within one week from today.
3. Mr. Mulgaonkar, learned Counsel submits that he has instructions to appear on behalf of legal representatives of deceased respondent no.1. He seeks time to file vakalatnama and to take instructions in the matter.
4. Hence, list the appeal for further consideration on 4.1.2022.
5. Misc. Civil Application stands disposed of.
