LAWS(BOM)-2016-9-290

MRS. LILY COELHO Vs. LUMILINO GOMES COSTA

Decided On September 23, 2016
Mrs. Lily Coelho Appellant
V/S
Lumilino Gomes Costa Respondents

JUDGEMENT

(1.) Rule. The learned counsel for the respondents waives service. Heard finally by consent of parties.

(2.) The challenge in this petition is to the order dated 9/6/2016 passed by the learned Adhoc District Judge-1, FTC, South Goa at Margao in Civil Misc. Application No.171/2015, by which a delay of 802 days in filing an appeal has been condoned.

(3.) The brief facts are that the petitioner filed an application under section 7 of the Goa, Daman and Diu Agricultural Tenancy Act 1964 for a declaration that the petitioner is a tenant of the property bearing survey no. 28/0 of village Velsao. Now deceased, Lumilino Gomes Costa was the respondent in the said application. The respondent nos.1(a) to 1 (e) are the legal representatives of Mr. Lumilino Costa. Lumilino Gomes Costa, who has since expired. It appears that by an order dated 24/11/2009, the respondents were brought on record before the Mamlatdar and notices were issued to them on 25/11/2009.