Francis Dsouza And ANR v. Rozy Dsouza Alias Rosa Isabela Zuzarte Alias Isabela Rosa Zuzurate And 8 ANR

MCA 393 of 2024 Sonam

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.393 OF 2024 IN WRIT PETITION NO.299 OF 2024 FRANCIS DSOUZA AND ANR ... APPLICANTS

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ROZY DSOUZA ALIAS ROSA ISABELA ZUZARTE ALIAS ISABELA ROSA ZUZURATE AND 8 ANR ... RESPONDENTS Mr. Ashwin D. Bhobe with Ms. Shaizeen Shaikh, Advocates for Applicants.

Ms. Priyanka Kamat with Ms. Cijoni Dias, Advocates for Respondent Nos. 6 to 9.

CORAM:- BHARAT P. DESHPANDE, J.

DATED :- 18th September, 2024 P.C.:

1. This is an application for dispensation from bringing the Legal Representatives of deceased Respondent No. 5 on record.

2. Mr. Bhobe, learned Counsel appearing for Applicants submits that the matter before the Trial Court is proceeding ex-parte against Respondent No. 5 vide order dated 05.02.2023 which is at page No. 40 of the Paper Book.

3. The present petition is filed challenging the order of amendment application to the plaint. He submits that the main contest is between 18th September, 2024

MCA 393 of 2024 the Petitioner and the present Respondent Nos. 6 to 9 for whom Ms. Kamat appears.

4. Since, the matter is proceeding ex-parte against the Respondent No. 5, the application is allowed as per prayer clause (a).

5. The application stands disposed of.

6. The Writ Petition No. 299 of 2024 be listed on 18.10.2024. BHARAT P. DESHPANDE, J.

18th September, 2024