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Bombay High CourtCAW/1226/2017

Veronica Peter Miranda And ORS. v. Blossom Denzil D Souza And ORS .

2017-07-19Hon'Ble Shri Justice K.K. Tated2 pages

35.1226.17-caw FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1226/2017 IN WRIT PETITION NO.13056/2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Geeta P. Sonawane i/b. Denzil D'mello for the applicant Mr. Ajay L. Yadav for respondent No.1 Mr. Satish L. Mali i/b. Kumar & Associates for respondent No.15.

CORAM : K. K. TATED, J.

DATE : JULY 19, 2017 P.C.:

1.

Heard. This application is for bringing legal heirs on record of deceased petitioner No.3 Juliana James Lobo who died on 10.03.2017.

2.

The Civil Application is filed on 29.04.2017. Same is within limitation.

3.

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.

Basavraj G Patil 1/2

35.1226.17-caw 4.

Hence, the following order:

a) Civil Application is allowed in terms of prayer clauses (a) and (b) which read thus:

"(a) That the name of the deceased petitioner No.3 [original defendant No.1(e)] be deleted and the name of respondents/proposed petitioners be brought on record in the civil application in the place and stead of the deceased petitioner No.3 [original defendant No.1(e)] as per Schedule annexed hereto.

(b) That the petitioners be allowed to amend the Writ Petition as per the schedule of amendments annexed hereto;"

b) Amendment to be carried out within three 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 Writ Petition on the Advocate for the other side, immediately thereafter.

d) Civil Application stands disposed of accordingly.

JUDGE Basavraj G Patil 2/2