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
Checking your session…