Shri.Navinchandra Chimanlal Desai v. Shri.Babu Jogi Alias Rui Jose Fereria(Dead)Throgh His Legal Heirs(1-A)Mrs.Maria C.Lourenco And ANR.

rsk 1/2 3-CAF-2425-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.885 OF 2003 WITH CIVIL APPLICATION NO.2425 OF 2018 WITH CIVIL APPLICATION NO.264 OF 2018 Mr. Himanshu Navinchandra Desai and Anr.

..Appellant vs.

Shri Babu Jogi @ Rui Josefereria (Decd) Through Legal heirs

...Respondents

---- Ms. Anu C. Kaladharan i/b Ms. Anjali Neel Helekar for the Appellant. None for the Respondents.

---- CORAM : V. M. DESHPANDE, J.

DATE : 19th JULY, 2018 P.C.:

CIVIL APPLICATION NO.2425 OF .

This application is filed on behalf of legal representatives of the appellant to substitute their names in place of original appellant Navinchandra C. Desai who died on 6/1/2018. His death certificate is placed on record along with this application. This application is filed on 22/2/2018. This application is well within limitation. In that view of the matter, application is allowed. Legal representatives of the deceased appellant are permitted to substitute themselves as appellant, as cause of action survives in their favour. Application is allowed and disposed of.

rsk 2/2 3-CAF-2425-18.doc CIVIL APPLICATION NO.264 OF 2018 2.

Learned counsel for the applicant submits that she seeks leave to withdraw this application with liberty to file appropriate application. Application is disposed of as withdrawn with liberty as prayed for. (V. M. DESHPANDE, J)