Bombay High Court

ANTONIO S. PALHA SINCE DECEASED THROUGH HIS LEGAL HEIRversusADU GONSALVES AND 10 ORS

Disposal: Allowed

Holding

The amendment of the cause title to delete the deceased appellant's name is permitted.

Summary

The applicants, heirs of a deceased appellant, filed a second appeal and sought permission to amend the cause title by deleting the name of the deceased appellant and substituting it with a placeholder. The court considered the application, noting that the appellant had died on 28 October 2023 and that the legal heirs were already on record. It was held that procedural rules permit such an amendment to reflect the current parties. The court ordered that the amendment be effected within two weeks. The application was allowed and the matter was disposed of.

Issues considered

Whether the High Court may permit amendment of the cause title in a second appeal to delete the name of a deceased appellant and substitute it with a placeholder

Subjects

amendment of cause title
second appeal
deceased appellant
civil procedure
procedural law

Judgment

2026:BHC-GOA:1672
                                               46 MCA 93 2025

                Amrut

                        IN THE HIGH COURT OF BOMBAY AT GOA
                            MISC.CIVIL APPLICATION NO.93 OF 2025
                                             IN
                                SECOND APPEAL NO.6 OF 2025
           ANTONIO S. PALHA SINCE DECEASED
           THROUGH HIS LEGAL HEIR                                   ... APPLICANTS
             Versus
           ADU GONSALVES AND 10 ORS                                 ... RESPONDENTS


           Ms Riddhi Ajgaonkar, Advocate for the Applicant.
           Mr Jeet Volvoikar, Advocate for Respondent Nos.1 to 4, 5(a) to
           5(d), 6 & 8.


                                   CORAM:- S. G. CHAPALGAONKAR, J.
                                   DATED :- 20th August, 2026

           P.C.:


           1.           Heard learned counsel for the parties.


           2.           By this application, Applicants seek permission to amend
           the cause title of Second Appeal by deleting the name of the
           deceased Appellant No.1(i) and add against Appellant No.1(i)
           (deleted). It is submitted that Ana Rita Fernandes expired on 28th
           October 2023, leaving behind her legal heirs who are already on
           record. Consequently, amendment to the cause title is necessary to
           delete the name of the deceased Appellant No.1(i) and add against
           Appellant No.1(i) (deleted).



                                                  Page 1 of 2
                                                20th August, 2026
                                                        46 MCA 93 2025


                     3.          Considering the submissions advanced and reasons stated
                     in the application, application is allowed in terms of prayer clauses
                     (A) and (C). Amendment to be carried out within a period of two
                     weeks from today.


                     4.          Application stands disposed of.



                                                              S. G. CHAPALGAONKAR, J.




Signed by: TARI AMRUT NAGESH
Designation: Private Secretary
                                                          Page 2 of 2
Date: 20/08/2026 19:25:05
                                                        20th August, 2026

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