Cherylanne Dsouza v. Alison Goveia

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.4938 OF 2025 IN APPEAL NO.133 OF 2018 Cherylanne D'Souza .... Applicant/ Appellant No.1

IN THE MATTER BETWEEN :

Cherylanne D'Souza & Anr.

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

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

• S. Wassoodev a/w Ms. Vijaya Ingle, Advocate for Appellant. • Mr. Rajeev Carvalho a/w Ms. Akanksha A. Mishra, Advocate for Respondent Nos.1(a) to 1(c).

• Mr. Amrut M. Vernekar, Respondent Nos.3(a) to 3(d).

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 amendment is sought in terms of the schedule which is annexed to the Interim Application.

MANUSHREE NESARIKAR by MANUSHREE NESARIKAR Date: 2026.03.10 11:49:33 +0530 2.

The case of the Applicant is that during pendency of Nesarikar

2 / 3 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 S. Wassoodev, learned counsel for Appellant, Mr. Rajeev Carvalho, learned counsel for Respondent Nos.1(a) to 1(c) and Mr. Amrut M. Vernekar, learned Counsel for the Respondent Nos.3(a) to 3(d).

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 the Advocate for the Appellants be allowed to carry out amendments as per the Schedule annexed hereto in the Appeal and other proceedings.

(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.)