Anthony George Dsouza And 2 ORS v. Maria Dsouza (Plaintiff) And Gladys Francis Dsouza (Def) And Dulcine Dsouza (Deceased)

by LAXMIKANT GOPAL CHANDAN Date: 2023.03.29 11:51:40 +0530 LAXMIKANT GOPAL CHANDAN 1 (903) IA-473.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

TESTAMENTARY AND INTESTATE JURISDICTION INTERIM APPLICATION NO.473 OF 2023 IN TESTAMENTARY SUIT NO.50 OF 2014 Mrs. Dulcine D'Souza : Deceased Mrs. Maria D'Souza : Plaintiff versus Mrs. Gladys Francis D'Souza : Defendant And Anthony George D'Souza and ors.

: Applicants.

----- Mr. Cesar Pereira for the Applicants.

----- CORAM :

ARIF S. DOCTOR, J.

th MARCH 2023 DATE :

P.C. :

1.

Learned Counsel appearing on behalf of the Applicants submits that the Plaintiff has passed away on 30 th December 2014. He submits that the Applicants are the legal heirs of the deceased Plaintiff. He therefore seeks leave to amend the plaint in Testamentary Suit No.50 of 2014 by bringing on record the Applicants in place and stead of the Plaintiff. He tenders the draft amendment. The same is taken on record and marked as "X" for identification. LGC

2 (903) IA-473.23.doc Leave granted.

3.

Amendment to be carried out forthwith. For amendment, reverification is dispensed with. 4.

The Interim Application is disposed of.

5.

Learned Counsel for the Applicants further submits that he has instructions to withdraw the present Testamentary Suit in view of the fact that the newly impleaded Applicants/Plaintiffs are not desirous of prosecuting the present Testamentary Suit, and therefore, he seeks leave to withdraw the present Testamentary Suit.

6.

Upon amendment being carried out, leave to withdraw the present Testamentary Suit is granted.

7.

Testamentary Suit is accordingly dismissed as withdrawn. 8.

Refund of Court Fees if any as per Rules.

(ARIF S. DOCTOR, J.) LGC