INDIA MARIA MATILDES DE SOUZA DAUGHTER OF LATE VINCENT MACHADO Vs. AGNELO GUSTAVO DE SOUZA SON OF LATE JOSE CARIDADE DE SOUZA

JUDGEMENT

(1.) The appellant is the original interested party no.1 before the Inventory Court, in Regular Inventory Proceedings No.68/2015, which were decided by the Inventory Court on 12/04/2017. According to the appellant, she could not apply for the certified copy of the judgment, as it was informed that the Trial Court has not yet drawn the decree in terms of the provisions of Section 442 of the Goa Succession, Special Notaries and Inventory Proceedings Act, 2012 (the Act, for short). Ultimately, the applicant applied for a certified copy of the judgment on 22/06/2017. The date given by the Trial Court to collect the copy was 27/06/2017. However, the appellant was issued with a certified copy of the judgment on 23/06/2017 itself. On 27/06/2017, the appellant filed an application for obtaining certified copy of the decree, however, the appellant was again told that the decree is not drawn. The appellant, therefore, filed an appeal, before the learned District Judge on 28/06/2017. The appeal was accompanied by an application for condonation of delay of 69 days.

(2.) According to the appellant, the application for condonation of delay was filed "out of abundant caution". It was also contended that due to financial difficulties, the appellant could not visit the office of the Trial Court repeatedly to check as to whether the decree was drawn or not and delay, if any, was unintentional and on account of financial constraints. The appellant, therefore, sought condonation of delay in filing the appeal.

(3.) The application was opposed on behalf of the respondents on the ground that no sufficient cause is shown for condoning the delay.