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
- Bench
- RAJESH S PATIL
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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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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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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