Bombay High Court

ROMEO DCOSTAversusREMY PINTO AND 19 ORS

Disposal: Disposed of

Holding

The Miscellaneous Civil Application is allowed; the applicant is exempted from producing the death certificates and the respondents are to be shown as deceased.

Summary

The applicant, Romeo D'Costa, sought exemption from producing death certificates for Respondents Nos. 8, 9, 20 and 21(a) in order to have them marked as deceased in the suit. The applicant relied on a Bailiff Report dated 14 July 2025 indicating the respondents had expired and on a local inquiry that failed to locate their legal heirs. The Registrar noted that the death certificates could not be obtained despite the applicant's efforts. Considering the bailiff’s report and the applicant’s submissions, the Registrar allowed the Miscellaneous Civil Application, exempting the applicant from producing the certificates and directing that the respondents be shown as deceased. The order also directed necessary amendments to the cause title to reflect this change.

Issues considered

Whether the applicant can be exempted from producing death certificates of the deceased respondents for the purpose of marking them as deceased in the suit

Subjects

death certificate
exemption
cause title amendment
civil procedure
succession

Judgment

                                   MCA 434 of 2026



             FARAD CONTINUATION SHEET
        IN THE HIGH COURT OF BOMBAY AT GOA
                   APPELLATE SIDE
             MISC.CIVIL APPLICATION NO.434 OF 2026
                              IN
                 SECOND APPEAL NO.32 OF 2024
ROMEO DCOSTA                                             ... APPLICANT

VS

REMY PINTO AND 19 ORS                                    ... RESPONDENTS


Advocate present for the Applicant : Advocate Manoj Jalmi

                          REGISTRAR'S ORDER


This matter is placed on Board for the 3rd time as till date death

certificates of Respondent Nos. 8, 9, 20 and 21(a) are not furnished to

mark the said Respondents as deceased.



Advocate Manoj Jalmi is present for the Applicant. He submits that, as per

the Bailiff Report dated 14.07.2025, the aforesaid Respondents are

reported to have expired. He further submits that the Applicant has

conducted a local inquiry; however, no information regarding the

whereabouts of the Legal Heirs of the aforesaid deceased Respondents

could be ascertained. He further submits that the Applicant is not in a

position to obtain the death certificates of the said Respondents. Hence,

the present Application has been filed seeking exemption from production

of the death certificates of Respondent Nos. 8, 9, 20 and 21(a) and for



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                                     1st October, 2026
                                   MCA 434 of 2026


permitting the said Respondents to be shown as deceased.



                           ORDER

'In view of the submissions made by the Ld. Advocate for the Applicant

and the Bailiff Report dated 14.07.2025, the MCA is allowed. The

Applicant is exempted from producing the death certificates of the

deceased Respondent Nos. 8, 9, 20 and 21 (a). The said Respondents to be

shown as deceased. Necessary amendments to the cause title to be carried

out accordingly.'




Dated: 1st October, 2026                                  ( Irshad Agha )
                                                         (Registrar Judicial)
ADN*




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                                     1st October, 2026

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