Meghji Ravji Shah Since Deceased Thr. Lrs. 1a) Manilal Meghji Gala And ORS. v. Shri John Franscisco Serrao Deceased Thr. Lrs. Juliet Serrao And ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by TRUSHA TUSHAR MOHITE Date:

2025.09.18 15:01:05 +0530 CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR MOHITE INTERIM APPLICATION NO.11005 OF 2024 IN FIRST APPEAL NO.91 OF 1997 Meghji Ravji Shah Since deceased through legal heirs Manilal Meghji Gala and Ors.

.. Applicants

Versus

Shri John Franscisco Serrao Since deceased through legal heirs Juliet Serrao and Ors.

.. Respondents Ms.Shreya Modi i/b Mr.Piyush Shah, Advocate for the Applicants. None for Respondents.

CORAM:

FIRDOSH P. POONIWALLA, J.

DATE:

SEPTEMBER 17, 2025 P. C.

1.

This Application has been filed for bringing on record the heirs and legal representatives of the Respondent who passed away on 30th December 2023.

2.

The proposed Respondent, though served, has not appeared before the Court and an Affidavit of Service is also filed proving service on the said Respondent.

Mohite 1/2

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I see no reason in not allowing this Application. Hence, the Interim Application is allowed in terms of the prayers (b) and (c) thereof which read as under:

"(b) this Hon'ble Court may be pleased to set aside the abatement of the present First Appeal, due to the demise of the original Respondent;

(c) this Hon'ble Court be pleased to bring on record the proposed Respondent who are the heirs and legal representatives of the Original sole Respondent more particularly mentioned in the "Exhibit D" of the Application and subsequently allow the amendments to be carried out in the First Appeal and the pending ancillary proceedings in the aforesaid matter."

4.

Amendment be carried out within a period of two weeks from today and the amended copy be served on the parties. [FIRDOSH P. POONIWALLA, J.] Mohite 2/2