ELLIS CLEMENT NAZARETH Vs. STATE OF GOA

JUDGEMENT

(1.) By way of this application, the Applicants seek condonation of delay of 232 days in assailing the judgment and order dtd. 29/12/2023, passed in Civil Suit No.59 / 2011, by the Ad - hoc District Judge (FTC - I) at Mapusa Goa.

(2.) Ms O. Fernandes, the learned Counsel appears for the Applicants, Mr G. Teles, learned Counsel appears for Respondent No.6 and Mr A. Arlekar, learned Additional Government Advocate appears for Respondent Nos.1, 2, 3 and 5, which are the State Authorities. Respondent No.7 is a formal party, as she was a co-plaintiff in the suit.

(3.) Ms Fernandes submits that, admittedly, the limitation period to prefer the present appeal of 90 days expired on 4/4/2024. The Appellants were unable to prefer the appeal within the time for the reason that both of them are senior citizens, aged 83 years and 77 years. They were also suffering from medical health issues. Ms Fernandes has placed on record the medical certificates of the Orthopaedic Speciality Clinic and Inamdar Multi - speciality Hospital at Pune. She submits that the medical certificates clearly demonstrate that the Appellant No.1 was suffering from serious health issues and was thus unable to take steps to prefer the appeal. She submits that Appellant No.2, also 77 years of age, resides in Pune, and was also unable to take steps because of her old age. She also submits that Respondent No.7, who was a co - plaintiff in the original suit, could not be contacted on time, compelling them to implead her as Respondent No.7- a proforma party. She submits that because of the health issues of the Appellants, the appeal period is expired and ultimately, the appeal was preferred after a delay of 232 days. She prayed that the said delay be condoned.