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Bombay High Court

SMT. AVICE MISQUITTA SINCE DECD WIDOW OF MELVILLE MISQUITTA THROU. L.HversusSMT. CHRISTABELLE DSILVA SINCE DECD THRO. L. AND ORS

Decided
Disposal
Disposed Off

Holding

The court allowed the interim application to record the legal heirs of the deceased respondent and permitted amendment within two weeks.

Summary

The petitioners filed an interim application seeking to record the legal heirs of the deceased respondent No.3 in Writ Petition No. 3829/1993. Respondent No.2, through counsel Clive D’Souza, indicated that a vakalatnama would be filed on behalf of the proposed heirs. The court examined the application and the arguments of counsel for both sides. Finding that the application was bona fide and necessary for the proper determination of parties, the court allowed the interim relief. It ordered that the amendment to include the heirs be effected within two weeks and scheduled the final hearing of the writ petition for 4 March 2026.

Issues considered

  • Whether the interim application to bring on record the legal heirs of the deceased respondent No.3 should be allowed
  • Whether the court may permit amendment of the petition to include the legal heirs within a specified time

Subjects

  • interim application
  • legal heirs
  • writ petition
  • amendment
  • civil appellate jurisdiction
  • record of parties

Judgment

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                                                                                      37 - IA 38631 OF 2025.doc



          Digitally signed
          by KANCHAN
                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN VINOD
        MAYEKAR
VINOD   Date:
MAYEKAR 2026.02.17
          10:18:18
          +0530
                                                    CIVIL APPELLATE JURISDICTION

                                                INTERIM APPLICATION NO. 38631/2025
                                                                IN
                                                   WRIT PETITION NO. 3829/1993

                             SMT. AVICE MISQUITTA SINCE
                             DECD WIDOW OF MELVILLE MISQUITTA
                             CLYDE M. MISQUITTA & ORS.                             ….. APPLICANTS

                             IN THE MATTER

                             SMT. AVICE MISQUITTA SINCE
                             DECD WIDOW OF MELVILLE MISQUITTA
                             CLYDE M. MISQUITTA & ORS.                             ….. PETITIONERS

                                       VS

                             SMT. CHRISTRABELLA D’SILVA
                             SINCE DECD THRO. LEGAL HEIRS
                             FRANCESCA D’SOUZA AND ORS.                            ….. RESPONDENTS

                             Adv. Kashaan Shaikh         a/w. Adv. Shoaibi Menon (Thr. V.C.) for the
                             Petitioners.

                             Adv. Vincent E. Pereira for the Respondent Nos. 1(a) to 1(d).

                             Adv. Clive D’Souza for the Respondent Nos. 2(a) to 2(f).

                                                                CORAM : RAJESH S. PATIL, J.

                                                                DATE     : 12 FEBRUARY, 2026

                             P.C. :-

                             1)               This interim application has been filed to bring on record

                             the legal heirs of the deceased respondent no.3.

                             2)               Mr. Clive D’Souza, learned advocate appeared and
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                                                     37 - IA 38631 OF 2025.doc


submitted that he will be filing Vakalatnama on behalf of the proposed

legal heirs of the deceased respondent no.3.

3)             Heard learned advocates appearing for the parties and I

have gone through the contents of the interim application.

4)             A case is made out to allow the present interim

application.

5)             Interim application stands allowed in terms of prayer

clauses (a) and (b).

6)             Amendment to be carried out within a period of two

weeks from today.

7)             Let the writ petition come up for final hearing on 4

March, 2026 alongwith pending interim applications, if any.



                                            [RAJESH S. PATIL, J.]


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