Minochar R. Sethna And ORS. v. Mrs. Silloo Jal Billimoria And ORS.

vina k. sr.13.caw.294.2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.294 OF 2016 IN WRIT PETITION NO.5724 OF 2002 Minochar R. Sethna & ors.

... Applicants Vs Mrs.Silloo Jal Billimoria & ors.

... Respondents ...

Mr.Rajesh Patil for the applicants.

...

CORAM : DAMA SESHADRI NAIDU, J.

DATE : 18th JULY 2019.

P.C. :

1. Heard the applicants' counsel. He represents that he has served the notice on the other side, but none appears for the respondents.

2. From the application it emerges that the 3rd respondent died on 28th December 2009. According to the learned counsel, the respondents never informed the applicants about the death of the 3rd respondent, who lived in the USA. Only when the matter came up before this Court for final hearing did the applicants come to know about that.

3. Under these circumstances, the civil application is allowed in terms of prayer clauses (ai) and (aii). The applicants are permitted to bring on 1 / 2

vina k. sr.13.caw.294.2016.doc record the 3rd respondent's legal representatives. Amendment to be carried out in two weeks after the order is uploaded.

(DAMA SESHADRI NAIDU, J.) 2 / 2