Interim Order 1

Order Details: Order on Exhibit
Pdf Text: CNR NO.MHSCA30000082025
IN THE COURT OF SMALL CAUSES AT MUMBAI
[BANDRA BRANCH]
(Appellate Bench)
ORDER BELOW EXH-10
IN
A1 APPEAL NO. 3 OF 2025
IN
RAE & R SUIT NO. 57/68 OF 1994
1. Mrs. Joanita Clara Braganza (deleted since
deceased) through her C.A. Mr. Frederick Cyril
Braganza
1.1. Mr. Frederick Cyril Braganza & Anr
...Appellant/
(Original
Plaintiffs )
Versus
Wg. Cdr. Ramesh K. Dhagat (deleted since deceased)
2. Smt. Sudha Trivedi (deleted since deceased)
2(1) Rupali daughter of Gopal Pandya & Ors
And
1.1.(a) Anaclet Angelo Braganza & Anr
… Respondents/
(Orig.def.No.1)
...Proposed
Appellants
Adv. Anthony D’silva for the appellant.
Adv. M. H. Chandan for the respondent
Coram : Shri Ashish A. Ayachit
Additional Chief Judge,
&
Shri Dipak R. Mali, Judge
Court Room No. 41,
Date :18.03.2026
ORDER : - (Per Shri Dipak R. Mali, Judge)
This is an application filed by the appellant No. (1.2) to
delete the name of the deceased appellant No.1.1 and to bring on
record the proposed appellant Nos. 1.1(a) and 1.1(b) as his heirs and
legal representative by carrying out amendment as per schedule
annexed to the application.
2. Perused application and reply of the respondent No.2(a) filed
vide Exh. 11.
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Exh-10- Appeal No.3/25 2 of 2 Order
3. Admittedly, appellant No. 1.1 expired on 16.08.2025 leaving
behind proposed appellants as his legal heirs and representatives.
Right to sue survives in favour of the legal representatives of
deceased. Hence, it is necessary to bring them on record. The
application is within limitation. No prejudice will be caused to the
other side. Thus, application deserves to be allowed. In result, we
proceed to pass following order.
O R D E R
1. The application is allowed.
2. The appellants are hereby permitted to
delete the name of appellant No.1.1 and
bring on record legal representatives of
deceased appellant No.1.1 by carrying out
amendment as per schedule annexed to the
application.
3. The appellants to carry out amendment on
or before next date and submit the
amended copy of appeal memo .
I Agree,
(Ashish A. Ayachit) (Dipak R. Mali)
Addl. Chief Judge Judge,
C.R. No. 41 C.R. No. 41
Court of Small Causes,(B.B) Court of Small Causes,(B.B)
18.03.2026 18.03.2026
/home/steno41/Desktop/CR-41/2026/MARCH/ORDER/EXH-10-A1 APPEAL -3-2025 amendment.odt Shubhada Shanbhag
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