Michael Roase Since Deceased Through Lrs. Rosy Micheal Rose And ORS. v. Augustine Gabriel Gomes Since Deceased Through Lrs. Mrs. Gracy Augustine Gomes And ORS.

16 caf 1957-15=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 1957 OF 2015 IN FIRST APPEAL NO. 1053 OF 1999 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A. J. Almaida for the applicant.

None for the respondents.

CORAM : K. K. TATED, J.

DATED : 11/06/2015.

P.C.:

.

Heard learned Counsel for the Applicant.

This Application is preferred by the legal heirs of appellant defendant for joining them as party in the present First Appeal no. 1053 of 1999. The appellant died on 14.01.2015 and the present Civil Application filed on 12.03.2015 i.e. within time. Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Sneha Chavan 1/2

16 caf 1957-15=.doc Hence, the following order:

i) Civil Application is allowed in terms of prayer clause (b) which read thus :

" b) That the heirs of decease Appellant no. 1(a) Michael Rose which are more particularly mentioned in paragraph No.2 and title be kindly brought on record and the Applicants be kindly allowed to amend the First Appeal accordingly." ii) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2