Bombay High Court

SANTANA ANTONIO DA COSTA AND ANRversusJOAQUIM MANUEL AIRES GOMES AND 6 ORS

Disposal: Disposed of

Holding

The court set aside the abatement, corrected the clerical error in the order, and condoned the delay, thereby disposing of the application.

Summary

The applicants filed a Miscellaneous Civil Application seeking to set aside the abatement of a second appeal and to correct a clerical error in the order dated 30.07.2026, which mistakenly referred to the legal heirs of a deceased respondent instead of the legal representatives of the deceased appellant. They also prayed for condonation of a 126‑day delay in filing the application. The court examined whether the abatement could be rescinded, whether the delay could be condoned in the interest of justice, and whether the order could be amended to reflect the correct parties. Finding no substantive prejudice and noting the error was purely clerical, the court allowed the correction, set aside the abatement, and condoned the delay. Consequently, the Miscellaneous Civil Application was disposed of after the corrected order was to be uploaded.

Issues considered

Whether the abatement of the second appeal can be set aside.
Whether a delay of 126 days in filing the application can be condoned.
Whether the court may correct a clerical error in its own order to reflect the correct legal representatives.

Subjects

abatement
second appeal
correction of order
condonation of delay
legal representatives
miscellaneous civil application

Judgment

                                 905 MCA 492 2026

     Andreza

           IN THE HIGH COURT OF BOMBAY AT GOA
               MISC.CIVIL APPLICATION NO.492 OF 2026
                              WITH
                   SECOND APPEAL NO.28 OF 2011
           MISC.CIVIL APPLICATION NO.492 OF 2026
SANTANA ANTONIO DA COSTA AND ANR          ... APPLICANTS
  Versus
JOAQUIM MANUEL AIRES GOMES AND 6
ORS                                       ... RESPONDENTS
                          WITH
                SECOND APPEAL NO.28 OF 2011
SANTANA ANTONIO DA COSTA AND 2
ORS.,                                     ... APPELLANT
  Versus
JOAQUIM MANUEL AIRES GOMES AND 6
ORS.,                                     ... RESPONDENTS

Ms. Shweta Parulekar, Advocate for the Applicants.
Ms. S. Vaigankar, Advocate for Respondent No.4.

                      CORAM:- S. G. CHAPALGAONKAR, J.
                      DATED :- 27th August, 2026

P.C.


1.       The present application is filed with the following prayer
clauses :


          (a) That the abatement of the above second appeal be set
aside.


         (b) That an entry to the effect be made on record noting the


                                     Page 1 of 2
                                   27th August, 2026
                                                            905 MCA 492 2026


                        death of the said deceased Appellant no.1 and the legal
                        representatives mentioned in paragraph no. 3 of this application be
                        brought on record in place of the Appellant no.1.


                                    (c) That the delay of 126 days in filing this application be
                        condoned in the interest of justice.


                                (d) Any other order that may be passed by this Hon'ble Court
                        in the interest of justice."


                        2.          It is submitted that while passing order dated 30.07.2026,
                        inadvertently, a statement is recorded that the Applicant seeks to
                        bring legal heirs of deceased Respondent No. 1 on record. In fact,
                        the prayer was for bringing the legal representatives of Appellant
                        No. 1 on record.


                        3.      In view of aforesaid factual backdrop, appropriate corrections
                        be carried out in Order dated 30.07.2026 and corrected Order be
                        uploaded accordingly.


                        4.       Misc. Civil Application stands disposed of.



                                                                   S. G. CHAPALGAONKAR, J.


Signed by: ANDREZA PEREIRA
Designation: Senior Private Secretary
                                                               Page 2 of 2
to the Hon'ble Judge
Date: 27/08/2026 17:42:36                                    27th August, 2026

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