Bombay High Court

GARFIELD JOHNSON CARVALHO AND OTHERSversusMRS. MERCY ANDREWS D SOUZA SINCE DECEASED THROUGH HER LEGLA HEIRS

Decided: 8 April 2026
Disposal: Allowed
Bench: GAURI GODSE

Holding

The court condoned the delay, set aside any abatement, and allowed the amendment to record the heirs of the deceased respondent and delete respondent no.4.

Summary

The applicants filed an interim application seeking to record the heirs and legal representatives of a deceased respondent (respondent no.1) and to delete respondent no.4 from the proceedings. The court noted that notice to certain respondents had been waived, a fresh notice was served to respondent no.1B, but no appearance was made. The applicants asserted that respondent no.4 had died and his heirs were already listed as respondents 5 to 7. Considering the circumstances, the court condoned the delay, set aside any abatement, and permitted the amendment to add respondents 1A‑1D as heirs and delete respondent no.4, directing that the amendment be effected within three weeks.

Issues considered

Whether the delay in filing the interim application can be condoned
Whether any abatement should apply to the proceedings
Whether the court may permit amendment to add heirs of a deceased party and delete a deceased respondent

Subjects

interim application
service of notice
condonation of delay
abatement
amendment of parties
heirs and legal representatives
civil procedure

Judgment

2026:BHC-AS:16859

                                                             13-IA-11930-2024.docx


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION
                          INTERIM APPLICATION NO. 11930 OF 2024
   Swapnil
                                             IN
                     SECOND APPEAL (STAMP) NO. 13377 OF 2014
               Garfield Johnson Carvalho and Ors.       …    Applicants

                    Vs.

               Mercy Andrews D’souza and Ors.           …    Respondents

               Mr. Sanjay S. Naik i/b. Mr. R. D. Suryawanshi for the
               applicants.
               Mr. Anil D’Souza a/w. Mr. Ernest Tuscano a/w. Mr. Mark
               Dbritto for respondent nos. 2B to 2F.
               Mr. Prathmesh Seth a/w. Mr. Joseph Fernandes and Ms.
               Trupti Gosavi for respondent nos. 5 to 7.


                                      CORAM : GAURI GODSE, J.

                                      DATE :       8th APRIL 2026

               ORDER :


               1.    This application is for bringing on record the names of

               the heirs and legal representatives of deceased respondent

               no.1 and for deleting the name of respondent no.4.


               2.    In order dated 23rd August 2024, it is recorded that the

               advocate who appeared for respondent nos. 1A, 1C, and 1D

               waives notice. Respondent no. 1B was unserved. Hence,

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                                                13-IA-11930-2024.docx


fresh notice was issued to respondent no.1B. Office note

dated 1st April 2026 states that respondent no. 1B is served.


3.    Though served none appears for respondent no. 1B.

None of the proposed respondents have opposed this

application.


4.    I have perused the application. The applicants have

stated in paragraph 9 that respondent no. 4 expired and the

heirs and legal representatives are already on record in

different capacity as respondent nos. 5 to 7.


5.    In the facts and circumstances of the case, delay is

condoned and the application is allowed by passing following

order :-


                           ORDER


1.    Delay is condoned.


2.    Abatement, if any, is set aside.


3.    The applicants are permitted to bring on record

respondent nos. 1A to 1D as the heirs and legal

representatives of deceased respondent no.1 in Civil

Application No. 1396 of 2014.


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                                            13-IA-11930-2024.docx


4.   The applicants are permitted to delete respondent no.4.


5.   Amendment to be carried out within three weeks.




                                       [GAURI GODSE, J.]




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