Allowed

Valerie Marie Rodrigues and 3 Ors. v. Vellie Mary Andrade and 4 Ors.

Bombay HC16 Apr 2024IA/582/2024

Case brief

AI extract

What is this about?

The Bombay High Court allowed interim applications seeking impleadment of legal heirs of a deceased party and restored a dismissed notice of motion, as these prayers were unopposed.

What did the court decide?

Interim applications allowed; impleadment ordered within two weeks; Notice of Motion No.1055 of 2018 allowed and Notice of Motion (L) No.683 of 2017 restored subject to compliance within two weeks.

Valerie Marie Rodrigues and 3 Ors. Vs Vellie… — Civil Procedure and Limitation | Bombay HC (2024)

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Digitally signed by LAXMIKANT LAXMIKANT GOPAL GOPAL CHANDAN CHANDAN Date: 2024.04.17 16:41:21 +0530

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1 (22-24) IA-584.24-IA-582.24-IA-817.24&ORS.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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INTERIM APPLICATION NO.584 OF 2024 IN APPEAL NO.321 OF 2017 IN SUIT NO.818 OF 1988

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Valerie Marie Rodrigues and ors. : Applicants In the matter beween Vellie Mary Andrade : Appellant Vs. Glory Immaculate D’Sylva & ors. : Respondents.

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WITH INTERIM APPLICATION NO.888 OF 2024 IN APPEAL NO.321 OF 2017 IN SUIT NO.818 OF 1988

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Edgar Francis Andrade : Applicant.

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In the matter between

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Vellie Mary Andrade : Appellant Vs.

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Glory Immaculate D’Sylva & ors. : Respondents.

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WITH

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NOTICE OF MOTION NO.1691 OF 2017 IN APPEAL NO.321 OF 2017 IN

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LGC

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2 (22-24) IA-584.24-IA-582.24-IA-817.24&ORS.doc

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SUIT NO.818 OF 1988

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Vellie Mary Andrade

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: Applicant

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In the matter between

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Vellie Mary Andrade : Appellant Vs. Glory Immaculate D’Sylva & ors. : Respondents.

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ALONG WITH

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INTERIM APPLICATION NO.582 OF 2024

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APPEAL NO.320 OF 2017 IN TESTAMENTARY SUIT NO.34 OF 1989 IN

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TESTAMENTARY PETITION NO.155 OF 1989

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Valerie Marie Rodrigues and ors. : Applicants

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In the matter between

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Vellie Mary Andrade & Anr. : Appellants. Vs.

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Glory Immaculate D’Sylva & ors. : Respondents.

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WITH

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INTERIM APPLICATION NO.886 OF 2024 IN

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APPEAL NO.320 OF 2017 IN TESTAMENTARY SUIT NO.34 OF 1989 IN TESTAMENTARY PETITION NO.155 OF 1989

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3 (22-24) IA-584.24-IA-582.24-IA-817.24&ORS.doc

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Edgar Francis Andrade : Applicant. In the matter between Vellie Mary Andrade : Appellant Vs. Glory Immaculate D’Sylva & ors. : Respondents.

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WITH

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NOTICE OF MOTION NO.1693 OF 2017 IN APPEAL NO.320 OF 2017 IN TESTAMENTARY SUIT NO.34 OF 1989 IN

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TESTAMENTARY PETITION NO.155 OF 1989

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Vellie Mary Andrade & anr. : Applicants In the matter between Vellie Mary Andrade & anr. : Appellants Vs.

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Glory Immaculate D’Sylva & ors. : Respondents.

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ALONG WITH INTERIM APPLICATION NO.817 OF 2024 IN

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APPEAL NO.133 OF 2018 IN SUIT NO.818 OF 1988 WITH

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TESTAMENTARY SUIT NO.34 OF 1989 IN

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TESTAMENTARY PETITION NO.155 OF 1989

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Cherylanne D’Souza

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: Applicant/Appellant No.1

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4 (22-24) IA-584.24-IA-582.24-IA-817.24&ORS.doc

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In the matter between

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Cherylanne D’Souza and anr : Appellants Vs. Glory Immaculate D’Sylva & ors. : Respondents. And Valerie Marie Rodrigues & ors. : Proposed Respondents

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WITH INTERIM APPLICATION NO.938 OF 2024

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IN APPEAL NO.133 OF 2018 IN SUIT NO.818 OF 1988 WITH TESTAMENTARY SUIT NO.34 OF 1989 IN TESTAMENTARY PETITION NO.155 OF 1989

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Cherylanne D’Souza : Applicant/Appellant No.1 In the matter between Cherylanne D’Souza and anr : Appellants Vs. Glory Immaculate D’Sylva & ors. : Respondents. And Edgar Francis Andrade : Proposed Respondent

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WITH NOTICE OF MOTION NO.1055 OF 2018 IN NOTICE OF MOTION (L) NO.683 OF 2017 IN APPEAL NO.133 OF 2018

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SUIT NO.818 OF 1988 WITH TESTAMENTARY SUIT NO.34 OF 1989 IN

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TESTAMENTARY PETITION NO.155 OF 1989

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Cherylanne D’Souza & anr. : Applicants In the matter between Cherylanne D’Souza and anr : Appellants Vs. Glory Immaculate D’Sylva & ors. : Respondents.

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Mr. Amrut M. Vernekar for the Applicant in Interim Application Nos.584/2024, 888/2024, 582/2024, 886/2024 and for proposed Respondents in IA No.817/2024 and 938/2024.

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Ms. Snehalata Paranjape a/w Mr. M. S. Federal, Mr. Shrinivasan Mudaliar and Ms. Sejal Jain i/by Federal & Co. for Respondent No.1 in all the Appeals.

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Mr. Denzil D’Mello for Appellant in Appeal No.133/2018 and for Applicants in IA No.817/2024, 938/2024 and Notice of Motion No.1055 of 2018.

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CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. & ARIF S. DOCTOR, J. DATE : 16^th APRIL 2024

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P.C. :

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All captioned Interim Applications seek impleadment

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of the respective Applicants therein in place and stead of original

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6 (22-24) IA-584.24-IA-582.24-IA-817.24&ORS.doc

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Appellant/Respondent No.3 - Vellie Mary Andrade who has passed away. The Applicants are the legal heirs of the said Vellie Mary Andrade

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Ms. Paranjape, Learned Counsel appearing on behalf of Respondent No.1 does not oppose the impleadment.

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In view thereof, the captioned Interim Applications are allowed. Amendment to be carried out within a period of two weeks from today.

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Mr. D’Mello submits that Notice of Motion No.1055 of

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2018 has been filed for restoration of Notice of Motion (L) No.683 of 2017 which came to be dismissed for non removal of office objections. He, thus, seeks restoration of the said Notice of Motion (L) No.683 of 2017.

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Again there is no opposition to prayer for restoration of Notice of Motion (L) No.683 of 2017.

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7 (22-24) IA-584.24-IA-582.24-IA-817.24&ORS.doc

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Hence the said Notice of Motion No.1055 of 2018 is allowed. Notice of Motion (L) No.683 of 2017 is restored to file subject to the Applicants therein complying with the office objections within a period of two weeks from today. The Notice of Motion (L) No.683 of 2017 to be listed along with the captioned Appeals on 18^th June 2024.

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Notice of Motion No.1055 of 2018 is accordingly disposed of.

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(ARIF S. DOCTOR, J.)

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(CHIEF JUSTICE)

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Valerie Marie Rodrigues and 3 Ors. v. Vellie Mary Andrade and 4 Ors.

Case brief

What is this about?

What did the court decide?

Valerie Marie Rodrigues and 3 Ors. v. Vellie Mary Andrade and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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