MARY CATHERIN ANDRADES Vs. FREDELINE ANTHONY JOSEPH

JUDGEMENT

(1.) HEARD all the learned Counsels for all the parties at length.

(2.) THE Civil Application No.5848 of 1997 has been taken out by one Vinod V. Dharod, seeking a relief that his name be incorporated in place of Miss Mary Catherine Andredas, Original Appellant No.1 in First Appeal No.986 of 1989, and allow him to prosecute the above First Appeal, as an Appellant. The Civil Application No.5849 of 1997 has been taken out by the Original Respondent No.4 in the main first Appeal, for a declaration that the First Appeal No.986 of 1989 has abated, hence the same should be dismissed. As the facts involved in both the Civil Applications are same, both the Civil Applications can be disposed of by a common order.

(3.) THE aforesaid Applicant in Civil Application No.5848 of 1997, had entered into an agreement for purchase of land from Appellants in First Appeal No.986 of 1989, on 1.12.1981. On 23rd April, 1982, the Original Appellants in this Appeal had filed a suit bearing No.107 of 1982, before the Civil Judge, Senior Division, Thane, against the Respondents herein, for a declaration that they are the owners of the suitproperty. During the pendency of the suit itself Original Appellant No.2, Miss Adlis Rose Andrades had died and in fact even in the present Appeal she is described as died. Though the said Miss Adlis Rose Andrades died on 7.11.1987, no application was made by the present Applicant, to come on record before the trial Court. When the trial commenced on 5th August, 1988, the present Applicant, gave evidence on behalf of the Appellant No.1, as her constituted Attorney. Ultimately the trial Court by its detailed judgment, dismissed the above suit on 17.6.1989.