Nancy Sequeira (Nee Nancy Alexander Tone) v. Alexander George Tone And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by ARTI VILAS KHATATE Date:

2025.09.30 20:29:37 +0530 ARTI VILAS KHATATE ORDINARY AND ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2320 OF 2025 IN SUIT NO. 386 OF 1997 NANCY SEQUIEIRA )...APPLICANT

IN THE MATTER OF

ALEXANDER GEORGE TONE AND OTHERS )...PLAINTIFFS V/s.

SONAL CONSTRUCTIONS (since dissolved) ) AND OTHERS )...DEFENDANTS Mr.Sanjiv Sawant i/by Mr.Ashwin Jajal, Advocate for the Applicant. Mr.Yatin Shah, Advocate for the Defendants.

CORAM

:

ABHAY AHUJA, J.

DATE :

23rd SEPTEMBER 2025 P.C. :

1.

This Interim Application seeks to bring on record the heirs of the deceased Plaintiff no.1.

2.

Mr.Sawant, learned Counsel, appears for the Applicant and submits that since the heirs of the Plaintiffs are staying abroad, there has been a delay of 731 days in filing this application. avk 1/3

3.

Mr.Sawant draws this Court's attention to paragraphs 6 to 8 of the application to explain the cause for the delay. Mr.Sawant, accordingly, submits that the delay be condoned, the resulting abatement be set aside and the heirs of the deceased Plaintiff no.1 referred to in paragraph 5 of the application be brought on record. 4.

Mr.Yatin Shah, learned Counsel, appearing for the Defendants has no objection if the Interim Application is allowed. 5.

Having heard the learned Counsel and having considered the submissions and the explanation in paragraphs 6 to 8 of the application for the cause of delay, this Court is of the view that the application be allowed in terms of prayer clauses (a) to (c) which read thus : "(a) That this Hon'ble Court be pleased to condone the delay of about 731 days in filing the present application. (b) That this Hon'ble Court be pleased to pass an order setting aside the abatement, if any, of the Suit as against Plaintiff no.1.

(c) That this Hon'ble Court be pleased to pass an order permitting the Applicant to bring on record the Applicant as Plaintiff No.1A and proposed Defendants as Defendant No.5, 6 and 7 and to allow consequential amendment to the Plaint." avk 2/3

6.

Let the amendment be carried out within a period of three weeks and the amended proceedings be served in two weeks thereafter and an appropriate Affidavit of service be filed.

7.

The Interim Application, accordingly, stands allowed and disposed as above.

(ABHAY AHUJA, J.) avk 3/3