Commander,Shri Bhushankumar Divan(Retd.) And ANR v. Late Brig. Flavian D Lima(Retd.) Deceased Thr. Lrs. 1.1 Ninad J. D Limaand ORS.

sr.17-ia-7391--2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7391 OF 2025 IN FIRST APPEAL NO. 250 OF 1997 The Commander, Shri. Bhushan Kumar Divan (Retd) & Anr.

.. Applicants/Appellants

Versus

Late Brig. Flavian D'Lima, (since deceased) Ninad J. D'Lima & Ors.

.. Respondents by TRUSHA TUSHAR MOHITE Date:

2025.09.26 19:13:13 +0530 TRUSHA TUSHAR MOHITE Adv. Anilkumar Patil a/w Adv. Digvijay A. Patil for the Applicants. Adv. Brian D'lima for Respondent Nos. 3A to 3D in FA/249/1997 & Respondent Nos. 1A to 1D in FA/250/1997.

CORAM: FIRDOSH P. POONIWALLA, J.

DATE: SEPTEMBER 26, 2025 P. C.

1.

This Interim Application has been filed to bring on record the legal heirs of deceased Respondent No.1 who passed away on 28th July, 2024. The Application also seeks condonation of delay of 135 days in filing the Application.

2.

The proposed Respondents have been served. The Advocate for the proposed Respondents states that there is no objection to the proposed Respondents being brought on record. Mansi Shelke

sr.17-ia-7391--2025.doc 3.

Even otherwise, the Application shows sufficient cause for condoning the delay, setting aside the abatement and for bringing the legal heirs of Respondent No.1 on record.

4.

In these circumstances, the Interim Application is allowed in terms of prayers (b), (c) and (d).

5.

The amen dement to be carried out within a period of two weeks from today and amended copy be served on the other parties. 6.

There will be no order as to costs.

[FIRDOSH P. POONIWALLA, J.] Mansi Shelke