Michael Joseph Andrade v. Vellie Mary Andrade And 4 ORS.

19 ia 2014-24.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2014 OF 2024 IN APPEAL NO. 320 OF 2017 LAXMI SUBHASH SONTAKKE LAXMI SUBHASH SONTAKKE Date: 2025.01.10 18:20:48 +0530 Michael Joseph Andrade .. Applicant

Versus

Glory Immaculate D'sylva & Ors.

.. Respondents Adv. Amrut Vernekar for the Applicant/Appellant. Adv Snehalata Paranjape a/w Shrinivasan Mudaliar, Dinkar Desai, Sudarshan Satalkar i/b. Federal & Co. for Respondent No.1. Adv. Geeta Sonawane Rohate i/b. Denzil Dmello for Respondent Nos. 3 and 4.

CORAM:

B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

JANUARY 10, 2025 P. C.

1.

The above Interim Application has been filed to permit the Applicant to delete the name of the deceased Appellant No1(e) from the title of the Memo of Appeal in Appeal No. 320 of 2017 as well as in Notice of Motion No. 1693 of 2017 and carry out the amendments as per the schedule annexed at Exhibit-B to the Interim Application. JANUARY 10, 2025 Laxmi

19 ia 2014-24.doc 2.

Having heard the learned Advocate appearing for the Applicant as well as the learned Advocate appearing for Respondent No.1, we are of the opinion that there should be no impediment in allowing the aforesaid amendment. In these circumstances, the above Interim Application is allowed in terms of prayer clause (a) which reads thus:- "(a) That this Hon'ble Court be pleased to permit the Applicant to delete the name of deceased Appellant No.1(e) from the title of Memo of Appeal in the Appeal No. 320 of 2017 and the tile of the Notice of Motion No. 1693 of 2017 and to carry out other consequential amendments in terms of the Schedule annexed hereto and marked as Exhibit- "B" 3.

The amendment shall be carried out by Monday i.e. 13th January, 2025. Re-verification is dispensed with.

4.

The above Interim Application is disposed of in the aforesaid terms. No order as to costs.

5.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.] JANUARY 10, 2025 Laxmi