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Bombay High Court

PRANITA PARAB AND ANRversusMARIA MAXIMA DSOUZA ALIAS MAZIMIANA DSOUZA AND 4 ORS

Disposal
Allowed

Holding

The court allowed the amendment and ordered deletion of Respondent No. 3(c) and Respondent No. 5 from the cause title.

Summary

In a Miscellaneous Civil Application before the High Court of Bombay at Goa, the applicants sought deletion of Respondent No. 3(c) and Respondent No. 5 from the cause title. The applicants argued that the right to sue persists even after such deletion and that the removal was at their discretion. The Registrar considered that the applicants’ request was a matter of procedural amendment and did not require examination of the respondents’ substantive rights in the property. Consequently, the application was allowed, directing that the names of the two respondents be deleted from the cause title within fourteen days. The order reflects a procedural amendment rather than a determination on substantive ownership or liability.

Issues considered

  • Whether the court may delete the names of respondents from the cause title upon the applicants' request.
  • Whether the right to sue survives the deletion of respondents' names from the cause title.

Subjects

  • cause title amendment
  • deletion of parties
  • right to sue
  • miscellaneous civil application
  • procedural order

Judgment

                                   MCA 424 of 2026



             FARAD CONTINUATION SHEET
        IN THE HIGH COURT OF BOMBAY AT GOA
                   APPELLATE SIDE
             MISC.CIVIL APPLICATION NO.424 OF 2026
                              IN
                  SECOND APPEAL NO.9 OF 2025
PRANITA PARAB AND ANR                                    ... APPLICANT

VS

MARIA MAXIMA DSOUZA ALIAS MAZIMIANA
DSOUZA AND 4 ORS                    ... RESPONDENTS


Advocate present for the Applicants : Advocate Virendra Parshekar,
holding for Advocate Tejas Rane

                            REGISTRAR'S ORDER


This matter has been placed on Board for Orders. The MCA is filed for

deleting the names of Respondent No. 3(c) and 5 from the cause title.



Advocate Virendra Parsekar is present for the Applicants, holding for

Advocate Tejas Rane. He submits that the said Application is filed on the

basis that right to sue survives even after deleting the names of the

above-stated Respondents.



Advocate Virendra Parsekar has submitted that the Applicants have

sought the deletion of names of the above-stated Respondents at their own

discretion. Hence, it is not necessary to dwell into the aspect whether

Respondent Nos. 3(c) and 5 have any right in the property.


                                       Page 1 of 2
                                     20th August, 2026
                                 MCA 424 of 2026




                       ORDER

'Upon considering the submission of Applicants and Advocate Virendra

Parsekar, MCA/424/2026 is allowed. Accordingly, the names of

Respondent No. 3 (c) and 5 be deleted from the cause title. All the

necessary amendments to be carried out within 14 days from the date of

this Order.'




Dated: 20th August, 2026                                ( Irshad Agha )
                                                       (Registrar Judicial)
ADN*




                                     Page 2 of 2
                                   20th August, 2026


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