Mary Catherin Andrades (Decd) Through Lrs. Mrs. Kathleen Periera And ORS v. Fredoline Anthony Joseph Andrades And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13529 OF 2017 Mary Catherin Andrades Since Deceased, represented by her legal representative 1a) Kathleen Mary Periera and Ors.

... Petitioners

Versus

Fredoline Anthony Joseph Andrades and Ors.

...Respondents

Mr. S. G. Deshmukh i/b Mr. R. A. Shelke, for the Petitioners. CORAM : REVATI MOHITE DERE, J.

DATE : 6th FEBRUARY, 2020 P.C. :

1.

Heard learned counsel for the petitioners.

2.

Issue notice to the Respondent Nos.1 to 3, returnable on 12th March, 2020. Hamdast permitted. In addition to the Court notice, Petitioners to serve the aforesaid Respondent Nos.1 to 3, by advocate's notice and file affidavit of service before the returnable date. 3.

Notice to indicate that an endeavour shall be made to dispose of the petition finally, on its own merits, at the stage of admission, even if none appears on behalf of the said respondents.

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At this stage, learned counsel for the petitioners states that it is not necessary to issue notice to respondent no.4. Hence, no notice is issued to respondent no.4.

5.

Learned Counsel for the petitioners to supply spare copies in the Registry within one week from today, to enable the Registry to issue notice, failing which, the petition shall stand dismissed for nonprosecution, without further reference to the Court. 6.

In the meantime, till the next date, the hearing of the Appeal filed by the petitioners before the Appellate Court being Civil Appeal No.306 of 2012, is stayed.

REVATI MOHITE DERE, J.