13-CAS-852-2015.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 852 OF 2015 IN SECOND APPEAL (STAMP) NO. 13377 OF 2014 Garfield Johnson Carvalho and Ors. … Applicants Vs. Mercy Andrews D’souza and Ors. … Respondents Mr. Sanjay S. Naik i/b. Mr. R. D. Suryawanshi for the applicants. Mr. Anil D’Souza a/w. Mr. Ernest Tuscano a/w. Mr. Mark Dbritto for respondent nos. 2B to 2F. Mr. Prathmesh Seth a/w. Mr. Joseph Fernandes and Ms. Trupti Gosavi for respondent nos. 5 to 7. CORAM : GAURI GODSE, J. DATE : 8th APRIL 2026 ORDER : 1. This application is to bring on record heirs and legal representatives of deceased respondent no.2. 2. This application is opposed on behalf of the respondent no.2B to 2F. Learned counsel for the respondents submits that the applicants are their cousins, it is unbelievable that the applicants were unaware about the death of respondent no.2. 1/2 Swapnil 2026:BHC-AS:16860 13-CAS-852-2015.docx 3. I have perused the application, the applicants have stated in paragraph 6 that they were unaware about the death of respondent no.2 and immediately after receipt of the intimation received from their advocate about the service report, they have applied for bringing on record the names of heirs and legal representatives. There is no reply filed to the application disputing the correctness of the statements made on oath in paragraph 6 of the application. I do not see any reason to disbelieve the grounds raised for condonation of delay. 4. For the reasons stated in the application delay is condoned. 5. Applicants are permitted to bring on record the names of respondent nos.2B to 2F as the heirs and legal representatives of deceased respondent no.2 in Civil Application No. 1396 of 2014 which is filed for condonation of delay in filing the second appeal. 6. The civil application is allowed in the aforesaid terms. 7. Amendment to be carried out within three weeks. [GAURI GODSE, J.] 2/2