- 1 - IN THE HIGH COURT OF BOMBAY AT GOA. WRIT PETITION NO. 354OF 2010. SHRI NARAYAN R. NAIK …...Petitioner. V/S SHRI KASHINATH D. SAWANT(DEC) AND ORS. …..Respondents. Mr. I . Igha, Advocate for the petitioner. Mr. A. Palekar, Advocate for respondent no.4. Coram:- N. A. BRITTO, J. Date:- 8th July, 2010. P.C. Heard learned counsel on behalf of both the parties. There is no dispute that the records and proceedings of the civil suit filed by the plaintiff were sent to the Mamlatdar for his decision whether the plaintiff was a tenant or not. During the pendency of the proceedings before the Mamlatdar the defendant - 2 - no. 3 expired and his daughter was brought on record of the proceedings. The widow of the deceased defendant no. 3 Laxman Rajaram Bandekar, was already on record as defendant no. 4. After records were remitted to Civil Judge, Junior Division, Ponda, the plaintiff filed an application to bring the daughter and son-in- law of the said defendant no. 3 Laxman Rajaram Bandekar, on record. An application for condonation of delay was also made ad-cautelum. The parties appeared before the learned Civil Judge, Junior Division at Ponda on 11.12.2009 for the first time after the reference was answered, and the application was filed immediately thereafter on 29.12.2009. Considering that the some of the legal heirs of deceased defendant no. 3 were already brought on record before the Mamlatdar, and others were sought to be brought soon after the file was remitted to Civil Judge, Junior Division, in my view, the application to bring other legal heirs ought to have been granted by the learned Civil Judge, Junior Division. The learned trial Judge, appears to have proceeded on the basis of some - 3 - averments made in the application for condonation, which were false. 2. Considering the above, the impugned order deserves to be set aside and is hereby set aside and the application dated 29.12.2009 deserves to succeed. Consequently the legal heirs of deceased defendant no. 3 shall be brought on record. Parties to appear before the learned Civil Judge, Junior Division on 2/8/2010 at 10.00am. Interim orders, if any, shall be vacated. 3. Writ petition disposed of. N. A. BRITTO, J. vn*