Bombay High Court
SMT. VENUBAI PUNJAJI BHANDURE DECEASED THROUGH HIS LEGAL HEIRSversusSHRI NATWARLAL CHIMANLAL SHAH SINCE DECEASED
- Decided
- Disposal
- Disposed Off
Holding
The court condoned the delays, permitted the amendment to include legal heirs, deleted the transferred respondents, dismissed withdrawn applications, and ordered the appeal to be listed for hearing.
Summary
The Bombay High Court heard several interim applications filed in Second Appeal No. 540 of 2005 between Parvatabai Pundlik Tidke (appellants) and Natwarlan Chimanlal Shah (respondents). The applications sought to bring legal heirs of deceased parties on record, delete certain respondents who had sold their shares, condone delays in filing these applications, and stay the judgment pending the appeal. The Court allowed the condonation of delay, permitted the amendment of the pleadings to include the legal heirs, and ordered the deletion of respondents Nos. 3 to 5. Applications that had been withdrawn were dismissed as infructuous. With all interim applications disposed of except the stay application, the Court listed the appeal for hearing on 28 August 2026.
Issues considered
- Whether the court may condone delay in filing interim applications for amendment of parties.
- Whether legal heirs of deceased parties may be brought on record during pendency of an appeal.
- Whether respondents who have transferred their shares can be deleted from the cause title.
- Whether withdrawn interim applications should be dismissed as infructuous.
- Whether a stay of the judgment can be granted pending the appeal.
Subjects
- interim application
- condonation of delay
- amendment of parties
- legal heirs
- deletion of parties
- stay of judgment
- civil appellate jurisdiction
- procedure
Judgment
Vaishnavi 5SA-540-2005
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 540 OF 2005
Parvatabai Pundlik Tidke and Ors. ...Appellants
V/s.
Natwarlal Chimanlal Shah and Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 3877 OF 2026
IN
SECOND APPEAL NO. 540 OF 2005
Smt. Venubai Punjaji Bhandure and
Ors. ...Applicants
In the matter between:
Smt. Parvatabai Pundlik Tidke ...Appellants
V/s.
Shri Natwarlal Chimanlal Shah ...Respondents
WITH
INTERIM APPLICATION NO. 3875 OF 2026
IN
SECOND APPEAL NO. 540 OF 2005
Venubai Punja Bhandure and Ors. ...Applicants
In the matter between:
Smt. Parvatabil Pundlik Tidke and Anr. ...Appellants
V/s.
Natwarlal Chirnanlal Shah and Anr. ...Respondents
WITH
INTERIM APPLICATION NO. 16238 OF 2024
WITH
INTERIM APPLICATION NO.1756 OF 2026
Page No.1 of 5
14 August 2026
Vaishnavi 5SA-540-2005
WITH
INTERIM APPLICATION NO.1745 OF 2026
WITH
INTERIM APPLICATION NO.1761 OF 2026
IN
SECOND APPEAL NO. 540 OF 2005
Smt. Venubai Punjaji Bhandure Since
Deceased Her Legal Heirs 1.1 Dattu
Punjaji Bhandure ...Petitioner
V/s.
Natwarlal Chimanlal Shah and Ors ...Respondents
WITH
INTERIM APPLICATION (ST) NO. 22595 OF 2026
IN
SECOND APPEAL NO. 540 OF 2005
Smt Parvatabai Pundlik Tidke Since
Deceased ...Petitioners
V/s.
Natwarlal Chimanlal Shah ...Respondents
WITH
INTERIM APPLICATION NO. 5061 OF 2026
IN
SECOND APPEAL NO. 540 OF 2005
Smt. Venubai Punja Bhandure Since
Died On 03.03.2021 and Ors. ...Applicants
In the matter between:
Smt. Pravatabai Pundlik Tidke and Anr. … Appellants
V/s.
Shri Natwarlal Chimanlal Shah ...Respondents
Page No.2 of 5
14 August 2026
Vaishnavi 5SA-540-2005
________________
Mr. Nikhil M. Pujari with Bipin A. Singh i/b Adv. P.N. Joshi for Aeppellant
No. 2.
Mr. Aryavrat S. Dube i/b Adv. S.S. Kulkarni, for Respondent No. 2.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 14 AUGUST 2026
P.C.:
Interim Application No. 5061 of 2026:
1) The application is Cled to bring on record legal heirs of Appellant
No. 2, who has passed away during pendency of the Appeal. The
application is fairly not opposed by learned counsel appearing for
Respondent. In view of the averments made in the Application, the same
is allowed by condoning the delay in Cling the same. The legal heirs of
Appellant No. 2 are permitted to be brought on record. Necessary
amendment to be carried out within a period of three weeks.
2) The Interim Application is disposed of.
Interim Application No. 3875 of 2026:
3) The Application is Cled to bring on record legal heirs of
Respondent No. 1, who has passed away during pendency of the Appeal.
The learned counsel who used to represent the Respondent No. 1
submits that, so far, he has not received instructions from legal heirs of
Respondent No. 1. He, however, submits that efforts shall be made to
contact them and to put an appearance on their behalf. Therefore, the
Page No.3 of 5
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Vaishnavi 5SA-540-2005
Interim Application is allowed by condoning the delay in Cling the the
same. The legal representative of Respondent No. 1 is permitted to be
brought on record. Amendment to be carried out within a period of three
weeks.
4) The Interim Application is disposed of.
The Interim Application 3877 of 2026:
5) The application is Cled for deletion Respondent Nos. 3 to 5 from
the cause title of the Appeal on the ground that they have already sold
their shares to third persons. At the risk of the Appellants, Respondent
Nos. 3 to 5 are permitted to be deleted. Necessary amendments to be
carried out within three weeks.
6) The Interim Application is accordingly disposed of.
Interim Application No. 1745 of 2026:
7) This Interim Application is Cled in Interim Application No. 16234
of 2024 for condonation of delay. However, Interim Application No.
16234 of 2024 has already been withdrawn by order dated 11 June 2026.
Therefore, nothing survives in this Interim Application and the same is
disposed of.
The Interim Application No. 1761 of 2026:
8) This Interim Application is Cled in Interim Application 16237 of
2024 for condonation of delay. However, Interim Application No. 16237
of 2024 is already disposed of as withdrawn by order dated 11 June 2026.
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Vaishnavi 5SA-540-2005
Therefore, the Interim Application has been rendered infructuous and
hence disposed of.
Interim Application 16238 of 2024:
9) This Interim Application is Cled in Interim Application No. 16238
of 2024, which is Cled seeking stay the judgment during pendency of the
appeal.
Interim Application No. 1756 of 2026:
10) The Application is Cled for condonation of delay in bring on
record legal heirs of Respondent No. 4-F. However, the Appeal is
withdrawn qua Respondent No. 4. Therefore, nothing survives in the
Interim Application and the same is disposed of.
11) Now that all the Interim Applications are disposed of, except
Interim Application for stay, the Appeal itself would be taken up for
hearing on the next date. At the request of learned counsel appearing for
Appellant, list the Appeal on 28 August 2026.
[SANDEEP V. MARNE, J.]
Page No.5 of 5
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