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2026 DAILYLAW 5733 (BOM)

ADELINA DA SACRADA FAMILIA CARVALHO E FERNANDES SINCE DECEASED THR HER LRS AND ANR v. SEBASTIANA FERNANDES ALIAS MASLIN SINCE DECEASED AND 26 ORS

MCA/523/2026 · 2026-09-03

Civil Appealbody2026

Judgment text

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904 MCA 523 2026 Sonam IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO.523 OF 2026 IN APPEAL FROM ORDER NO.17 OF 2026 ADELINA DA SACRADA FAMILIA CARVALHO E FERNANDES SINCE DECEASED THR HER LRS AND ANR ... APPLICANT Versus SEBASTIANA FERNANDES ALIAS MASLIN SINCE DECEASED AND 26 ORS ... RESPONDENT Mr. Byron Rodrigues (through V.C.), Advocate for the Applicant. Mr. Sudesh Usgaonkar, Senior Advocate with Ms. Rosette Pereira, Advocate for the Applicant. CORAM:- VALMIKI MENEZES, J. DATED :- 3rd September, 2026 P.C.: 1. Registry to waive office objections and register the matter. 2. It appears that after this Court disposed of the Appeal from Order No. 17/2026 by its Judgment dated 24.04.2026, the Appellate Court i.e., the Court of District Judge-2, Margao, dealing with Regular Civil Appeal No. 49/2019, has heard the Appeal and has listed the same for Judgment on 29.08.2026. During that period, the present Applicant/Appellant has filed the application 3rd September, 2026 2026:BHC-GOA:1782 904 MCA 523 2026 under Order 41 Rule 27 CPC on the very date the matter was posted for Judgment, i.e. on 29.08.2026. It is in these circumstances that the Appellant in that Appeal, who is the Appellant herein, has moved this application for extension of time stated in the order dated 24.04.2026 directing the Trial Court to dispose of the Appeal. 3. In my opinion, the parties cannot apply for the extension of time since, essentially, it is a direction to the Court/ Presiding Officer. In the present case, the Presiding Officer has not asked for any extension of time, and it is to be understood from that, the Presiding Officer would deal with the matter in accordance with law and dispose of the matter within the time frame as specified in the order dated 24.04.2026. In this view of the matter, the application stands rejected. 4. The application stands disposed of. VALMIKI MENEZES, J. 3rd September, 2026