1 (Spl.- H.C.A.S.C.D., 78- e) FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF BOMBAY AT GOA PANAJI, GOA. APPELLATE SIDE DISTRICT : MISCELLANEOUS CIVIL APPLICATION NO. 13 OF 2005 IN FIRST APPEAL NO. 11 OF 2001 _______________________________________________________________________ Office Notes, Office Memoranda of | Quorum, appearances,Court's orders | Court's or Judge's orders of directions and Registrar's orders | _______________________________________________________________________ Mr. J. A. Lobo, Advocate for the Applicants. Mr. Umesh Rao, Advocate for Respondent No.1. Mr. P. Rao, Advocate for Respondent No.2. CORAM : A. P. LAVANDE, J. DATE : 25 th FEBRUARY, 2005 . P.C. : 1. Heard Mr. Lobo, Advocate for the applicants, Mr. U. Rao, Advocate for respondent no. 1 and 2 Mr. P. Rao, Advocate for respondent no. 2. These 3 applications can be disposed of by common order. The application under Stamp No. 3195/04 is an application for setting aside abatement of the appeal on account of the death of appellant no. 1 who expired on 22nd April, 2002. The application bearing Stamp No. 3196/04 is an application to bring the legal representatives of the deceased appellant no. 1, whose names are mentioned in para 5 of the application, on record. Miscellaneous Civil Application No. 13 of 2005 is an application for seeking condonation of delay in bringing the legal representatives of the deceased appellant no. 1 on record. 3 2. Heard the learned Counsel appearing for the parties. I find that there is sufficient cause for setting aside abatement and for condoning delay of 2 years and 9 months in bringing the legal representatives of deceased appellant no. 1 on record. 3. Accordingly, all the 3 applications are allowed. The abatement of the appeal is set aside. The delay of 2 years and 9 months in bringing the legal representatives of deceased appellant no. 1 on record is condoned. The appellant no. 2 is permitted to bring the legal representatives of deceased appellant no. 1, whose names are mentioned in para 5 of the application bearing Stamp No. 4 3196/04 on record. Amendment to the cause title to be carried out within a period of 2 weeks from today. All the 3 applications are disposed of in the aforesaid terms. A. P. LAVANDE, J. AN