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Bombay High CourtIA/18220/2023allowed

Anita Dominic Dsouza (Since Deceased) Thr. Lrs. Brian Joseph Dsouza v. Shaikh Abdul Rauf And ORS.

2023-12-20Shri. S.R. Agrawal, Registrar(Judl Ii)2 pages

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.18220 OF 2023 IN CIVIL REVISION APPLICATION NO.280 OF 2022 Office Notes, Office Memoranda of Coram, appearance, Court's orders or directions and Court's or Judge's orders Registrar's orders CORAM : S.R. AGRAWAL REGISTRAR (JUDL. - II) DATE : 20th December, 2023 Advocate Gracy Saldunha i/b. Advocate Suresh M. Sabrad Present for Applicant.

The Advocate for Appellant has filed this Interim Application No.18220 of 2023 for deleting the name of Respondent Nos.2 to 8 from the cause title.

On perusal of application and record, it reveals that the Applicant prays to delete the name of Respondent Nos.2 to 8, on the basis of letter dated 24/09/2023 issued by Applicant No.1 and more so when the Respondent Nos.2 to 8 are only formal parties and they did not challenge the decree passed by the Learned Trial Court.

And also a categorical finding recorded by the Learned Appellate Court that Respondent No.1 alone is residing in the suit premises and that the Respondent Nos.2 to

8 never participated in the proceeding of the Trial before the Learned Trial Court. Therefore, the Appellant prays to delete the name of Respondent Nos.2 to 8 from the cause title of Civil Revision Application and Interim Applications. In such circumstances, Interim Application No.18220 of 2023 is allowed.

The Appellant is permitted to delete the name of Respondent Nos.2 to 8 from the cause title of Civil Revision Application and Interim Applications by adding the word delete. The Applicant shall carry out amendment within 14 days (excluding Christmas Vacation).

sd/- Registrar (Judl. - II) dsm