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Bombay High CourtMCA/697/2017allowed

Julio Francisco Xavier E. Miranda., v. Kerala Transport Co.,

2018-07-31Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO. 697 OF 2017 IN SECOND APPEAL NO. 104 OF 2007 JULIO FRANCISCO XAVIER E.

MIRANDA., ... Applicant

Versus

KERALA TRANSPORT CO., ... Respondent Shri T. L. Pereira, Advocate for the applicant. Coram:- C. V. BHADANG, J.

Date:- 31st July 2018 P.C.

Leave to amend the prayer clause for addition of the respondent nos.1(g) to 1(j) as respondents granted. Necessary correction to be carried out forthwith.

2. The sole appellant Maria Alexandra Silvia Delfina Lourenco Miranda is dead. The present application seeks substitution of the applicant nos.1(a) to 1(f) as the legal heirs. It is contended that there is a Gift Deed in favour of the aforesaid applicants in respect of the suit property. The applicant seeks addition of the respondent nos.1(g) to 1(j) as party respondents in the appeal.

3. For the reasons mentioned in the application, the application

MCA/697/2017 is allowed as prayed. The applicant nos.1(a) to 1(f) are permitted to be substituted as appellant nos.1(a) to 1(f), after showing the present sole appellant as deceased. The parties shown as applicant nos.1(g) to 1(j) shall be impleaded as the respondent nos.2 to 5.

4. The Civil Application is disposed of in the aforesaid terms. C. V. BHADANG, J.

SMA