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Bombay High CourtIA/12061/2025disposed off

Noel Peter Vaity v. Branjya Andrew Vaity And ORS.

2025-11-18Hon'Ble Shri Justice Jitendra Shantilal Jain2 pages

13-FA-1342-13.doc rsk

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.12061 OF 2025 IN FIRST APPEAL NO.1342 OF 2013 Noel Peter Vaity And Ors ...Applicants In the matter between Mr. Peter Andrew Vaity(Deleted) His Lrs. 1a. Noel Peter Vaity And Ors ...Appellants

Versus

Mrs.Branjya Andrew Vaity and Ors

...Respondents

WITH CIVIL APPLICATION NO.3662 OF 2013 IN FIRST APPEAL NO.1342 OF 2013 _____________________________________________________ Mr. Surender M. Sharma for the Applicants-Appellants. Ms. Pallavi Khale i/b. Ms. Komal Punjabi for Respondent No.7. _____________________________________________________ CORAM :

JITENDRA JAIN, J.

DATED :

18 NOVEMBER 2025 P.C.:

INTERIM APPLICATION NO.12061 OF 2025 1.

This application is taken out by appellant No.1A-plaintiff No.1 for deletion of respondent No. 3 in the appeal, who was defendant No.4 in the original suit.

2.

Learned counsel for the applicants states that he is not seeking any relief against this party and, therefore, wants deletion and further on account of death of appellant No.2 who is husband

13-FA-1342-13.doc of defendant No.4/Respondent No.3, he is seeking present prayer. 3.

In the reply filed by respondent No.6, there is no serious objection to the said deletion. However, there is no appearance today on behalf of respondent No.6 4.

I have perused Interim Application and the prayers made therein. Since the appellant is not seeking any relief against respondent No.3/defendant no.4, as per the statement made before me, Interim application is allowed in terms of prayer clauses (a) and (b). Amendment to be carried out within four weeks and the amended copy be served on all the parties.

5.

Interim Application is disposed of.

FIRST APPEAL NO.1342 OF 2013 AND CA NO.3662 OF 2013 6.

List this appeal for admission on 1 December 2025 alongwith Civil Application No.3662 of 2013.

[ JITENDRA JAIN, J. ]