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Bombay High Court

RAGHOBA SAZU SINAI NADKARNI(DECEASED) AND 22 ORSversusGOVERNMENT OF GOA THR. CHIEF SECRETARY AND 9 ORS

Disposal
Disposed of

Holding

The court held that service of notice was complete and the delay of 159 days was condoned, allowing the application.

Summary

The applicants, Raghoba Sazu Sinai Nadkarni (deceased) and 22 others, filed Miscellaneous Civil Application No.174/2024 seeking relief regarding service of notice on respondents. The bailiff report indicated that Respondent No.4 was served at his residence through his brother, while Respondent No.5 was served by affixing the notice on the main door after the house was locked. The court examined the service details and, after hearing Respondent Nos.1 and 2, found the service to be complete. The applicants also requested condonation of a 159‑day delay in filing the appeal against Order No.2684/2023 (F). The court, satisfied with the service and the reasons for delay, allowed the application, condoned the delay, and disposed of the miscellaneous civil application.

Issues considered

  • What is the adequacy of service of notice on Respondent No.5 where the house was locked?
  • Whether the 159‑day delay in filing the appeal can be condoned?

Subjects

  • service of notice
  • condonation of delay
  • miscellaneous civil application
  • High Court of Bombay at Goa
  • procedural law

Judgment

                                                              20-MCA-174-2024.DOC




                                  Suchitra

                                              IN THE HIGH COURT OF BOMBAY AT GOA

                                                  MISC. CIVIL APPLICATION NO.174/2024
                                                                   IN
                                                  APPEAL FROM ORDER NO.2684/2023 (F)


                                   RAGHOBA SAZU SINAI
                                   NADKARNI (DECEASED) AND 22 ORS.                    … APPLICANTS
                                         Versus
                                   GOVERNMENT OF GOA
                                   THR. CHIEF SECRETARY AND 9 ORS.                    … RESPONDENTS

                                   Mr Yash Kunde, Advocate for the Applicants.
                                   Mr P. Arolkar, Additional Government Advocate for Respondent
                                   Nos.1 and 2.

                                                      CORAM:            VALMIKI MENEZES, J.

                                                      DATED:            11th SEPTEMBER 2026

                                   P.C. :

                                  1.         As per the report of the bailif which is relected in the
                                  Farad entry of 10.09.2026, the Respondent No.4 has been served
                                  at his residence through his brother. Respondent No.5 was not
                                  found since the house was locked, but service was efected by
                                  aixing the notice on the main door. Considering that the service
                                  is complete, and after hearing Respondent Nos.1 and 2, for
                                  reasons set out in the application, the same is allowed. he delay
                                  of 159 days in iling this Appeal from Order is condoned.

                                  2.         Misc. Civil Application No.174/2024 is disposed of.


                                                                              VALMIKI MENEZES, J.


Signed by: SUCHITRA NANDAN                                            Page 1 of 1
SINGBAL                                                         11th September 2026
Designation: Personal Assistant
Date: 11/09/2026 15:39:42


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