Dolcie Rana Nee D Lima Since Deceased And 4 ORS v. Anthony Mathew D Lima And 12 ORS And Desmond Fialho And 3 ORS(Prop Resps)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3708 OF 2006 IN SUIT NO.1710 OF 1989 Lassie Mandonsa And Ors.
...Plaintiffs vs Anthony Mathew D Lima And Ors.
...Defendants.
WITH SUIT NO.1710 OF 1989 1(A) Lassie Mandonsa And 5 Ors.
...Plaintiffs vs 1(A) Ian D Lima and 12 Ors.
...Defendants.
WITH NOTICE OF MOTION NO.2808 OF 2010 IN SUIT NO.1710 OF 1989 1(A) Lassie Mandonsa And 5 Ors.
...Plaintiffs vs 1(A) Ian D Lima ...Defendant WITH INTERIM APPLICATION NO.559 OF 2021 IN SUIT NO.1710 OF 1989 Nash Hubert Dias And Anr.
...Plaintiffs vs Dolcia Rana Nee D Lima And Ors.
...Defendants WITH INTERIM APPLICATION NO.453 OF 2021 IN SUIT NO.1710 OF 1989 Dolcia Rana Nee D Lima Since Deceased And 4 Ors.
...Plaintiffs vs Pg 1 of 3
Anthony Mathew D Lima And 12 Ors.
...Defendants And Desmond Fialho And 3 Ors.
...Proposed Respondents .....
Mr. V.Y. Sanglikar, for the Plaintiffs.
Mr. Chirag S. Dave, i/b. Legasis Partners, for Defendant Nos. 2 and 5. .....
CORAM : S.C. GUPTE, J.
DATED : 5 APRIL 2021 P.C. :
.
Interim Application No.559 of 2021 is for bringing on record legal heirs of deceased Plaintiff No.6. Plaintiff No.6 died on 19 October 2020. There is a delay of 21 days in taking out the interim application. For the reasons stated, the delay is condoned and the interim application is allowed by allowing impleadment of legal heirs of the deceased. Amendment to be carried out within four weeks from today. The interim application is disposed of.
2.
Interim Application No.453 of 2021 is for bringing on record legal heirs of deceased Defendant No.6. This Court had directed a notice to be issued to the legal heirs of the deceased. A notice, accordingly, has been issued and private service has also been effected on legal heirs of deceased Defendant No.6. None appears for the legal heirs to oppose the application. In the premises, the interim application is allowed by directing impleadment of legal heirs of the deceased Defendant No.6 in terms of prayer clauses (a) and (b). Amendment to be carried out within four weeks. The interim application is disposed of.
Pg 2 of 3
3.
So far as notices of motion taken out in the present suit are concerned, they are to be heard along with the suit, and are hence adjourned to the hearing of the suit.
4.
The Plaintiffs are permitted to supply a fresh copy of the amended plaint for convenience of the Court. Let copies of this plaint be served on all contested parties.
( S.C. GUPTE, J. ) Pg 3 of 3