Dennis Phillip D'Souza (Since Deceased) Through Proposed Legal Heirs v. Mable Ivy Miranda And ORS
904.14.16-can FARAD CONTINUATION SHEET
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.14/2016 IN CONTEMPT PETITION NO.369/2005 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Shreepad Murthy i/b. Abhishek Patil for the Applicant.
CORAM : K. K. TATED, J.
DATE : FEBRUARY 10, 2016 P.C.:
1.
Heard. This application is for bringing legal heirs on record of deceased sole Petitioner Dennis Phillip D'Souza, who died on 28/12/2012. The Civil Application is filed on 27/02/2013, i.e. within time.
2.
Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and since the Civil Application is filed within time, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.
3.
Hence, the following order:
Basavraj G Patil 1/2
904.14.16-can a) Civil Application is allowed in terms of prayer clause (a) which read thus:
"(a) That this Hon'ble Court be pleased to allow the proposed Applicant to be brought on record as legal heirs of the Petitioner in Contempt Petition No.369/2005 and consequential amendment be allowed as per Schedule."
b) The Applicant is directed to carry out appropriate amendment in the Civil Application as well as the contempt petition within 4 weeks from today, failing which the Civil Application shall stand dismissed without further reference to the court.
c) If amendment is carried out within stipulated time as stated hereinabove, the Applicant is directed to serve an amended copy of the contempt petition as well as pending Civil Application, if any, on the Advocate for the other side, immediately thereafter.
d) Civil Application stands disposed of accordingly.
e) Liberty granted to the Petitioner to move before the returnable date, after amendment is carried out.
JUDGE Basavraj G Patil 2/2