Ryberg Cyril Cosmas Henriques v. Kashmira Eruch Billimoria

29-FA-1631-2025 @ IA-9665-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PURTI PRASAD PARAB PURTI PRASAD PARAB Date: 2025.09.29 13:34:49 +0530 FIRST APPEAL NO. 1631 OF 2025 ALONGWITH INTERIM APPLICATION NO. 9665 OF 2025 IN FIRST APPEAL NO. 1631 OF 2025 Ryberg Cyril Cosmas Henriques ...Appellant Vs.

Kashmira Eruch Billimoria

...Respondent

***** Mr. Joel D'souza a/w Mr. Pierre Fernandes, Ms. Elaine Fargose and Ms. Rupali Singh i/b Mr. Ivor Peter D'cruz Advocate for the Appellant.

Mr. Chirag Mody a/w Mr. Ashok Purohit i/b Ashok Purohit & Co.

Advocate for the Respondent.

***** CORAM :

S. M. MODAK, J.

DATE :

24th SEPTEMBER 2025 P. C. :- 1.

The issue involved in this Appeal is about the correctness of the order dismissing the suit on the ground of bar of limitation. The order was passed on the Application moved as per provisions of Order VII Rule 11 of the Code of Civil Procedure. According to both the sides all Purti Parab 1/2

29-FA-1631-2025 @ IA-9665-2025.doc the relevant documents are there on record. By consent it will be heard finally at the admission stage.

2.

Learned Counsel for the Appellant has tendered draft amendment on record. It is marked as Annexture "X". He is seeking the amendment in the plaint. Mr.Mody opposes the manner of seeking amendment. Let the copy be given to other side. The Court will hear it on the next date.

3.

Stand over to 10 th October 2025 (High on Board).

[S. M. MODAK, J.] Purti Parab 2/2