Grasian Robert Louise v. Molly Lobo

18-SA-597-2014.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION SECOND APPEAL NO.597 OF 2014 Grasian Robert Louise ...Applicant

Versus

Smt. Molly Lobo & Ors.

...Respondents

WITH INTERIM APPLICATION NO.14667 OF 2024 IN SECOND APPEAL NO.597 OF 2014 Grasian Robert Louise ...Applicant In the matter between:

Grasian Robert Louise ...Appellant

Versus

Smt. Molly Lobo & Ors.

...Respondents

WITH INTERIM APPLICATION NO.3395 OF 2019 IN SECOND APPEAL NO.597 OF 2014 Smt. Molly Lobo ...Applicant

Versus

Grasian Robert Louise & Ors.

...Respondents

WITH INTERIM APPLICATION NO.3554 OF 2020 IN SECOND APPEAL NO.597 OF 2014 Smt. Molly Lobo the, Power of Attorney Holder Shri. Norbert Lobo ...Applicant

Versus

Grasian Robert Louise & Ors.

...Respondents

_______________________________________________________________ Mr. Ajay S. Rajenimbalkar, for the Applicant. Mr. Sarvesh Deshmukh, for the Respondents.

_______________________________________________________________ CORAM: MADHAV J. JAMDAR, J.

DATED: 30th JULY 2025 P.C.:

Interim Application No.14667 of 2024 1.

Heard Mr. Rajenimbalkar, learned Counsel appearing for the Vaibhav Page No. 1

18-SA-597-2014.doc Applicant.

2.

In the Interim Application, the relief sought in the prayer clause (A) is as follows:

A. The Applicant be allowed to amend the cause title of the aforesaid Second Appeal 597 of 2014 by adding the word 'deceased' against the name of the Respondent No.2 i.e. Kanha Kathod Patil and adding the names of the persons in paragraph No.4, 5 and 6 of this Interim Application as the heirs and legal representatives of the deceased Respondent No.2 on the record of this Hon'ble Court in Second Appeal 597 of 2014; 3.

It is also prayed that delay in filing the Application be condoned and abatement of Second Appeal as far as Respondent No.2 be also set aside.

4.

Mr. Deshmukh, learned Counsel appearing for the Respondents strongly opposes the Application.

5.

However, for the reasons set out in the Interim Application, the same is allowed in terms of prayer clauses (a), (b) and (c). 6.

Amendment be carried out within a period of 4 weeks from today. Amended copy to be served on all the Respondents within a period of 4 weeks thereafter.

7.

The Interim Application is disposed of in above terms, with no order as to costs.

[MADHAV J. JAMDAR, J.] Vaibhav Page No. 2