Mr. Andrew Ignatius v. Mr. Anthony Derek Rebello Since Deceased Thr. Mrs. Kamlesh Anthony Rebello

13-2-IA3551-19INFAST30555-19.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3551 OF 2019 SANTOSH SUBHASH KULKARNI IN FIRST APPEAL (ST) NO. 30555 OF 2019 SANTOSH SUBHASH KULKARNI Date: 2021.10.07 17:46:25 +0530 Mr. Andrew Ignatius ...Applicant/ Ori.Defendant

Versus

Mr. Anthony Derek Rebello

...Respondents/

Ori.Plaintiff And Mrs. Kamlesh Anthony Rebello, LR & Representative of deceased ori.Plaintiff.

...Proposed Respondent Mr. Santosh Vishwakarma, for the Applicant/Appellant. Mr. Kunal Bhange, a/w Abhijit Patil & Yash Joglekar, for proposed Respondent.

CORAM:

N. J. JAMADAR, J.

DATED :

6th OCTOBER, 2021 PC:- 1.

Heard the learned Counsels for the parties.

2.

This application is preferred to bring the legal representatives of the respondent - original plaintiff, who expired on 27th December, 2018, after the decree was passed by the learned Judge, City Civil Court, Greater Bombay, on 26th July, 2018. Initially, the appeal and the application were preferred impleading the original plaintiff. This application is preferred to bring the legal representative of the deceased plaintiff on record as a party respondent.

1/2

13-2-IA3551-19INFAST30555-19.DOC 3.

Mr. Bhange, the learned Counsel for the proposed respondent, submits that there is no dispute over the fact that the proposed respondent is the sole surviving legal representative of the deceased plaintiff Mr. Anthony Derek Rebello.

4.

In view of the aforesaid statement and to advance the cause of justice, the application deserves to be allowed. Hence, the following order:

: O r d e r :

(i) The application stands allowed in terms of prayer clause (a).

(ii) Necessary amendment be carried out in the appealmemo. [N. J. JAMADAR, J.] 2/2