ANA VITORIA VIEIRA DALGADO LOBO Vs. GERALDO LOBO

JUDGEMENT

(1.) HEARD learned Counsel for the parties. Rule. Learned Counsel appearing for the respondents, waive notices. By consent of the learned Counsel, heard forthwith.

(2.) BY this revision application, the petitioners take exception to the order dated 5th February, 2007 passed by Ad hoc District Judge, 2 at Panaji in Civil Miscellaneous Application No.64/2005 by which the application seeking condonation of delay of 3 years and 3 months in filing appeal against the preliminary decree dated 14th September, 2001 has been allowed. By the said order, the lower appellate Court has also granted stay of the decree passed by the trial Court.

(3.) IT is further the case of defendant no.1 that for quite some time her family had to go through severe trauma on account of certain events which disrupted the peace of the family. Her paternal uncle who was the original defendant no.3 had expired in December, 2001 which was followed by the death of defendant no.4 in January, 2003 and thereafter in the same year, the son of original defendant no.4 Teddy Lobo expired. The mother of defendant no.1(a) who was suffering from heart ailments and asthmatic problems died on 8th April, 2004. On these facts defendant no.1 sought condonation of delay of over 3 years 3 months in filing appeal from the preliminary decree.