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Bombay High Court

FELICIDADE RODRIGUES AND 10 ORS.,versusFRANCIS DCOSTA AND 11 ORS.,

Disposal
Allowed

Holding

The cause title shall be amended to show the appellant as deceased.

Summary

In a Miscellaneous Civil Application filed within a second appeal, the applicants sought to amend the cause title to indicate that Appellant No. 8 had died. The death certificate of Appellant No. 8 was placed on record. The Registrar considered whether the amendment was permissible under procedural rules. No substantive legal arguments or precedents were cited. The Registrar allowed the application, directing that the cause title be amended to read "Since Deceased" for Appellant No. 8. The amendment must be effected within 24 weeks of the order.

Issues considered

  • Whether the cause title may be amended to reflect the death of an appellant

Subjects

  • amendment of cause title
  • death of party
  • civil procedure
  • miscellaneous civil application

Judgment

                                    MCA 463 of 2026



              FARAD CONTINUATION SHEET
         IN THE HIGH COURT OF BOMBAY AT GOA
                    APPELLATE SIDE
             MISC.CIVIL APPLICATION NO.463 OF 2026
                              IN
                 SECOND APPEAL NO.60 OF 2014
FELICIDADE RODRIGUES AND 10 ORS.,                           ... APPLICANTS

VS

FRANCIS DCOSTA AND 11 ORS.,                                 ... RESPONDENTS


Advocate present for the Applicant : Advocate S. Costa Martins, holding
for Advocate Annelise Fernandes

                            REGISTRAR'S ORDER


This MCA filed within Second Appeal is placed on Board for Orders. The

said Application seeks amendment of the Cause Title by adding the words

'Since Deceased' against the name of the Appellant No. 8.



Advocate S. Costa Martins is present for the Applicants/Appellants,

holding for Advocate Annelise Fernandes.



It is noted that the Appellant No. 8 has expired and the Death Certificate is

placed on record.



                      ORDER

'The MCA is allowed. The Appellant No. 8 shall be shown as deceased.

The necessary amendment to the Cause Title shall be carried out within 2

                                         Page 1 of 2
                                     24th September, 2026
                                      MCA 463 of 2026


weeks from the date of this Order.'




Dated: 24th September, 2026                                   ( Irshad Agha )
                                                             (Registrar Judicial)
ADN*




                                          Page 2 of 2
                                      24th September, 2026


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