ANA ROSALINA RODRIGUES Vs. GIRGOLINA ESLINDA DIAS

JUDGEMENT

(1.) HEARD Shri Valmiki Menezes, learned Counsel appearing for the petitioners and Shri J. J. Mulgaonkar, learned Counsel appearing for the respondents. Rule. Heard forthwith by consent of learned counsels.

(2.) SHRI J. J. Mulgaonkar, learned Counsel waives service on behalf of respondents.

(3.) THE brief facts of the case are that this Court by an order dated 19.01.2006 directed the learned Civil Judge Senior Division, Mapusa, where Inventory Proceedings were pending to hold an inquiry on the application filed by the petitioners to delete one of the assets from the list of assets filed in the said proceedings. The said inquiry was conducted and the matter was finally argued and posted for orders from time to time. Ultimately, from the records, it appears that the order was passed dismissing the application filed by the petitioners on 18.12.2009. The records further reveal that in the meanwhile one of the interested parties Alex Manuel Rodrigues expired on 19.11.2009. The legal heirs of the said Alex were apparently brought on record only on 21.08.2010. It is further the contention of the petitioners that they learnt about the said order only on 21.08.2010 and thereafter the appeal came to be preferred before the Lower Appellate Court to challenge the order dated 18.12.2009. An application for condonation of delay was also filed justifying the delay in filing such appeal.