Michael Joseph Andrade v. Vellie Mary Andrade (Since Deceased)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.2652 OF 2025 IN APPEAL NO.321 OF 2017 IN SUIT NO.818 OF 1988 Michael Joseph Andrade .... Applicant/ Org. Appellant No.1(c)

IN THE MATTER BETWEEN :

Vellie Mary Andrade & Ors.

.... Appellants versus Glory Immaculate D'Sylva & Ors.

.... Respondents .......

• Mr. Amrut M. Vernekar, Advocate for Applicant and Appellant Nos.1(a) to 1(d).

• Ms. Akanksha A. Mishra, Advocate fo Respondent Nos.1(a) to 1(c). • S. Wassoodev a/w Ms. Vijaya Ingle, Advocate for Respondent Nos.2 and 3.

CORAM

: SARANG V. KOTWAL & SANDESH D. PATIL, JJ.

DATE : 06th MARCH, 2026 P.C. :

1.

This is an Interim Application for bringing the legal representatives of the deceased Respondent No.1 on record. The MANUSHREE NESARIKAR by MANUSHREE NESARIKAR Date: 2026.03.10 11:49:33 +0530 amendment is sought in terms of the schedule which is annexed to the Interim Application.

Nesarikar

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The case of the Applicant is that during pendency of the Appeal, by an email dated 12/05/2025, the then Advocate of the original Respondent No.1 informed the Applicant's Advocate that the original Respondent No.1 has passed away on 09/05/2025. Pursuant to the said email the Applicant has filed the present Interim Application for bringing legal representatives of the deceased Respondent No.1 on record.

3.

Heard Mr. Amrut M. Vernekar, learned Counsel for the Applicant and Appellant Nos.1(a) to 1(d), Ms. Akanksha A. Mishra, learned counsel for Respondent Nos.1(a) to 1(c) and S. Wassoodev, learned counsel for Respondent Nos.2 and 3. 4.

None of the parties have objection for the same. We therefore allow the application.

5.

Hence, the following order :

O R D E R

(i) The application is allowed in terms of prayer clause (a), which reads as under :

3 / 3 (a) That this Hon'ble Court be pleased to permit the Applicant to bring the heirs and legal representatives of the deceased Respondent No.1 on record of the Appeal by amending the title of the Memo of Appeal and other paraphernalia of Appeal No.321 of 2017 and title of the Notice of Motion No.1691 of 2017, Affidavit of Support thereof and other paraphernalia in terms of the Schedule annexed hereto.

(ii) The Applicant is permitted to carry out amendment to the title cause of the Appeal, within a period of two weeks from today and serve the copy of the amended Appeal upon the Respondents.

(iii) Interim Application is disposed of accordingly. (SANDESH D. PATIL, J.) (SARANG V. KOTWAL, J.)