[Cites 1, Cited by 0]
Bombay High Court
Rui Francisco Rodrigues vs Xavier Hillary Geoffrey Almeida (Since ... on 15 April, 2026
2026:BHC-OS:9408
22. TS/39/1989
Xavier vs. Rui & Ors.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed
ORDINARY ORIGINAL CIVIL JURISDICTION
by JYOTI
JYOTI PRAKASH
PAWAR
PRAKASH Date:
PAWAR 2026.04.15
21:21:30
+0530
TESTAMENTARY SUIT NO. 39 OF 1989
Xavier Hillary Geoffrey Almeida(Since Deceased) & Ors. .. Plaintiffs
V/s.
Rui F Rodriques And Ors. .. Defendants
WITH
NOTICE OF MOTION (TESTAMENTARY) NO. 77 OF 2008
IN
TESTAMENTARY SUIT NO. 39 OF 1989
WITH
INTERIM APPLICATION NO. 584 OF 2021
IN
TESTAMENTARY SUIT NO. 39 OF 1989
WITH
SUIT NO. 1816 OF 1989
WITH
COURT RECEIVER EXECUTION NO. 21 OF 1985
IN
SUIT NO. 1816 OF 1989
WITH
INTERIM APPLICATION NO. 323 OF 2021
IN
SUIT NO. 1816 OF 1989
WITH
INTERIM APPLICATION (L) NO. 14436 OF 2023
WITH
TESTAMENTARY SUIT NO. 7 OF 2012
IN
TESTAMENTARY PETITION NO. 1060 OF 2008
WITH
CHAMBER SUMMONS (TESTAMENTARY) NO. 56 OF 2019
IN
TESTAMENTARY SUIT NO. 7 OF 2012
Page 1 of 4
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Order dated 15th April 2026
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22. TS/39/1989
Xavier vs. Rui & Ors.
WITH
INTERIM APPLICATION (L) NO. 12906 OF 2026
IN
TESTAMENTARY SUIT NO. 7 OF 2012
Rui Francisco Rodrigues .. Applicant
In the matter between:
Rui Francisco Rodrigues .. Plaintiff
V/s.
Xavier Hilary Geoffrey Almeida (Since Deceased) & Ors... Defendants
WITH
SUIT NO. 1947 OF 1992
WITH
CHAMBER SUMMONS (SUITS) NO. 548 OF 2019
IN
SUIT NO. 1947 OF 1992
WITH
MISC. PETITION (TESTAMENTARY) NO. 64 OF 2011
IN
TESTAMENTARY PETITION NO. 1060 OF 2008
WITH
NOTICE OF MOTION (TESTAMENTARY) NO. 77 OF 2008
IN
TESTAMENTARY SUIT NO. 39 OF 1989
______________________________________
Mr. Hamza Lakdawala a/w Ms. Vaishnavi Kamble and Ms. Shraddha Kadam
for Plaintiff in TP/7/2012 and Defendants in TP/39/1989.
Mr. Bhuvan Singh i/b Mr. Dinesh Guchiya for Defendants in TS/7/2012.
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 15th APRIL 2026
P.C.:
Page 2 of 4
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Order dated 15th April 2026
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22. TS/39/1989
Xavier vs. Rui & Ors.
INTERIM APPLICATION (L) NO. 12906 OF 2026
1. The present Interim Application seeks to implead the heirs and
legal representatives of deceased Defendant no. 1 and deceased Defendant
no. 1(A) who are stated to have passed away on 14 th November 2018 and 1st
May 2020 respectively.
2. There is no opposition to this Interim Application and
accordingly, by consent, the following order is passed:
::ORDER:
:
(i) The abatement, if any against deceased Defendant no. 1
and/or deceased Defendant no. 1(A) is hereby set aside and
the Applicant is permitted to bring the heirs and legal
representatives of deceased Defendant no. 1 and Defendant
no. 1(A) in terms of the Schedule annexed to the present
Interim Application on record.
(ii) This amendment shall be carried out within one week from
today.
(iii) Re-verification is dispensed with.
(iv) The amended pleadings shall thereafter be served on all the
parties including the newly added parties.
(v) The Interim Application is disposed of in terms of the above
with no order as to costs.
-------------------------------------
Order dated 15th April 2026
22. TS/39/1989
Xavier vs. Rui & Ors.
3. Considering the aforesaid order, nothing survives in Chamber
Summons No. 56 of 2019, which is also disposed of accordingly.
4. Place the matter on 29th April 2026 under the caption "For Filing
Consent Terms".
( FARHAN P. DUBASH, J. )
Shubham Gadhavepatil
-------------------------------------
Order dated 15th April 2026
