Natasha Construction Pvt. Ltd. v. Hilare D Souza

19-IA-7420-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY AND ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 7420 OF 2025 IN SUIT NO. 2423 OF 1995 NATASHA CONSTRUCTIONS PVT. LTD.

)...PLAINTIFF V/s.

HILARE DSOUZA AND OTHERS )...DEFENDANTS Ms.Shilpa Kapil a/w Ms.Shruti Bhatt and Mr.Darshit Jain, Advocate for the Plaintiff.

Mr.Sanjay Jain a/w. Mr.Gurdeep Singh, through video conferencing, and Ms.Shraddha Kadam i/by Mr.Praful Valvi, Advocate for the Defendant no.1.

CORAM

:

ABHAY AHUJA, J.

DATE :

4th DECEMBER 2025 P.C. :

1.

This Interim Application seeks to bring on record the heirs of the deceased Defendant no.2 and also deceased Defendant no.4. 2.

Mr.Sanjay Jain, learned Counsel, appears for the Defendant no.1 and submits that prayer clause (a) in the application is not correct as the heirs have to be brought on record through the deceased and the deceased Defendant no.2 cannot be deleted. Mr.Jain submits that otherwise he has no objection if the Interim Application is allowed. ARTI VILAS KHATATE by ARTI VILAS KHATATE Date:

2025.12.05 11:12:25 +0530 avk 1/2

19-IA-7420-2025.doc 3.

Upon a query from this Court as to whether the heirs, who are to be brought on record as Defendants no.4(a), 4(b) and 4(c) have been served, Ms.Shilpa Kapil submits in the negative. 4.

As regards the heirs of the deceased Defendant no.2 are concerned, Ms.Kapil submits that the details of the heirs of the deceased Defendant no.2 have not been furnished till date and that is why the Applicant is seeking deletion of the Defendant no.2. 5.

Mr.Jain appearing for the Defendant no.1 undertakes to furnish the details of the heirs of the deceased Defendant no.2 to the learned Advocate for the Plaintiff within a period of two weeks. 6.

Let a copy of the Interim Application be served on the heirs to be brought on record and an appropriate Affidavit of service be filed by the next date.

7.

List on 5th February 2026.

(ABHAY AHUJA, J.) avk 2/2