ASHOK NARAYAN VERNEKAR Vs. UMABAI GOPINATH KESARKAR

JUDGEMENT

(1.) Heard. Rule, made returnable forthwith. Heard finally by consent of the parties.

(2.) This writ petition is filed against the order passed by the Administrative Tribunal, Goa whereby the applications filed by the petitioner for condonation of delay in filing the application for bringing the legal representatives of the deceased respondent No. 1 on record and for setting aside abatement, came to be rejected. Simultaneously, the application made by the heirs of respondent no. 1 for abatement of the eviction appeal, was allowed.

(3.) The eviction appeal was filed by the petitioner. During the pendency of the said appeal, respondent No. 1 expired on 27. 9. 2005. The learned Advocate representing the respondent No. 1 intimated the death of respondent No. 1 to the Tribunal by filing written precipee dated 30. 9. 2005. It is an undisputed position that the Counsel representing the petitioner was absent before the tribunal. No steps were taken by the petitioner to bring the legal representatives of the deceased respondent No. 1 on record, As a result, on 18. 8. 06, the legal heirs of the deceased respondent No. 1 filed an application before the Tribunal praying for dismissal of the appeal as having been abated. It is, thereafter, that the petitioner on 30. 8. 2006, filed the application seeking permission to bring the legal representatives of the deceased respondent No. 1 on record along with an application for condonation of delay in bringing the LRs. of the deceased respondent No. 1 on record and also an application for setting aside the abatement.