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Govt.Of Goa Tr.Chief Sec. vs Maria Julieta Dsouza (D) on 13 March, 2015

Bench: Dipak Misra, Prafulla C. Pant

  SLP(C) 5286/12
                                                      1

  ITEM NO.3                                  COURT NO.5                  SECTION IX

                                  S U P R E M E C O U R T O F       I N D I A
                                          RECORD OF PROCEEDINGS

  Petition(s) for Special Leave to Appeal (C) No.5286/2012

  (Arising out of impugned final judgment and order dated 21/10/2010
  in FA No. 282/2007 passed by the High Court of Bombay at Goa)


  GOVT. OF GOA TR. CHIEF SEC.                                              Petitioner(s)

                                                     VERSUS

  MARIA JULIETA D'SOUZA (D) & ORS.                                         Respondent(s)

  (With appln.(s) under Order 22 Rule 4-A of the CPC and impleadment
  and interim relief and office report)

  Date : 13/03/2015 This petition was called on for hearing today.

  CORAM :
                                 HON'BLE MR. JUSTICE DIPAK MISRA
                                 HON'BLE MR. JUSTICE PRAFULLA C. PANT


  For Petitioner(s)                    Mr.   Siddharth Bhatnagar, Adv.
                                       Mr.   Sidharth Mohan, Adv.
                                       Mr.   Rahul Arya, Adv.
                                       Mr.   T. Mahipal, AOR

  For Respondent(s)                    Mr. U.R. Timble, Adv.
  (In IA 4/14)                         Mr. Abhishek Chaudhary, AOR

                                       Mr. M. P. Jha, AOR
                                       Mrs. Yugandhra Jha, Adv.
                                       Mr. Harshvardhan Jha, Adv.


                             UPON hearing the counsel the Court made the following
                                                O R D E R

This is an application for impleadment of Mr. Haroon 09:49:04 IST Reason:

Ebrahim, to which learned counsel for the respondent has no opposition. The application stands allowed. Registry is SLP(C) 5286/12 2 directed to rectify the Cause Title accordingly.

I.A. No.4 of 2014 for impleadment stands disposed of.

This is an application for taking steps under Order XXII Rule 4-A of the Code of Civil Procedure. It is apt to note here that the respondent No.1 has expired and his legal heirs, namely, the respondent Nos.2 to 4, are on record. The present application has been filed by abundant caution that no legal heirs should be left out.

On a perusal of the Office Report, it transpires that legal heirs being respondent Nos.2 to 4 have already been served. Despite service of notice, there is no appearance. Learned counsel, who has entered appearance on behalf of the newly impleaded respondent, has submitted that no notice has been served on the respondent No.3. Registry shall verify whether there has been actual publication as per the order of this Court for effecting service on the respondent No.3.

Let the matter be listed after two weeks.

                 (Chetan Kumar)                              (H.S. Parashar)
                  Court Master                                 Court Master