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Bombay High CourtMCA/338/2025allowed

Eurico Erasmo Alias Erasmo Eurico Nunes v. Cosme Antonio Eleuterio And 7 ORS

2025-12-01Hon'Ble Shri Justice Shreeram V. Shirsat2 pages

2025:BHC-GOA:2388 MCA 338 of 2025 vinita

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.338 OF 2025 WITH WRIT PETITION NO.629 OF 2023 MISC.CIVIL APPLICATION NO.338 OF 2025 EURICO ERASMO ALIAS ERASMO EURICO NUNES ... APPLICANT

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COSME ANTONIO ELEUTERIO AND 7 ORS ... RESPONDENTS WITH WRIT PETITION NO.629 OF 2023 EURICO ERASMO ALIAS ERASMO EURICO NUNES ... PETITIONER

Versus

COSME ANTONIO ELEUTERIO AND 7 ORS ... RESPONDENTS Ms Glory D'Souza, Advocate for the Applicant. Ms F. Pathan, Advocate holding for Mr J. Mulgaonkar, Advocate for the Respondent Nos. 1 and 2.

Ms Isabela Da Costa, Advocate for the Respondent nos.3 and 4. Mr A.Kamat, Advocate holding for Mr Tarun Rebello, Advocate for the Respondent Nos. 5 and 6.

CORAM:- SHREERAM V. SHIRSAT, J.

DATED :- 1st December, 2025 P.C.

This is an application filed by the Applicant seeking substitution of the legal heirs of the deceased Respondent No. 8.

2. It is informed that Respondent No. 8 expired on 21.09.2025, and the death certificate has been duly placed on record. The same is marked as 'X' for identification. It is further submitted that the 1st December, 2025

MCA 338 of 2025 deceased is survived by his widow, Respondent No. 7, and their children.

3. The application has been filed within the period of limitation.

4. Learned Counsel for Respondent Nos. 1 and 2, as well as Learned Counsel for Respondent Nos. 3, 4, 5, and 6, state that they have no objection to the legal heirs being brought on record.

5. In view of the submissions made and the fact that the widow of the deceased is already on record, the application is allowed. The legal heirs of Respondent No. 8 are permitted to be brought on record. The necessary amendment shall be carried out within one week from the date of uploading of this Order. After the necessary amendment being carried out, issue a notice to the legal heirs of the Respondent No.8

6. The Misc. Civil Application stands disposed of accordingly.

7. List the petition on 12.1.2026.

SHREERAM V. SHIRSAT, J.

Signed by: VINITA VIKAS NAIK Designation: Private Secretary Date: 05/12/2025 17:22:23 1st December, 2025