Bombay High Court
SHAILESH MANILAL SHETH AND ANR.versusNANASAHEB SHANKARDAS MUKADAM
- Decided
- Disposal
- Allowed
- Bench
- RAJESH S PATIL
Holding
The court allowed the interim application to record the legal heirs and ordered the civil revision to be heard on 24 August 2026, permitting reconstruction subject to conditions.
Summary
Nanasaheb Shankardas Mukadam filed a civil revision against Shailesh Manilal Sheth and others. An interim application was filed to record the legal heirs of a deceased respondent, which faced no objection and was allowed. The respondents also filed a civil application seeking permission to reconstruct a 134 sq.ft. structure as directed by the trial and appellate courts, subject to an undertaking and at their own cost. The court, by consent, fixed the final hearing of the civil revision for 24 August 2026 and directed the parties to file short synopses by 17 August 2026. The interim application was granted and the matter was scheduled for further hearing.
Issues considered
- Whether the interim application to record the legal heirs of the deceased respondent can be allowed.
- Whether the respondents may be permitted to reconstruct the structure as per trial and appellate court directions.
- Whether the civil revision application should be fixed for a final hearing.
Subjects
- civil revision
- interim application
- legal heirs
- reconstruction of structure
- court procedure
Judgment
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18 - CRA 39 OF 2009.doc
Digitally
signed by
KANCHAN
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN VINOD
VINOD MAYEKAR
MAYEKAR Date:
2026.07.30
15:04:08
+0530
CIVIL APPELLATE JURISDICTION
CIVIL REVISION APPLICATION NO. 39/2009
ALONGWITH
INTERIM APPLICATION NO. 522/2019
IN
CIVIL REVISION APPLICATION NO.39/2009
NANASAHEB SHANKARDAS MUKADAM ….. APPLICANT
VS
SHAILESH MANILAL SHETH & ORS. ….. RESPONDENTS
ALONGWITH
CIVIL APPLICATION NO. 123/2019
IN
CIVIL REVISION APPLICATION NO.39/2009
SHAILESH MANILAL SHETH & ANR. ….. APPLICANT
IN THE MATTER BETWEEN
NANASAHEB SHANKARDAS MUKADAM ….. APPLICANT
VS
SHAILESH MANILAL SHETH & ORS. ….. RESPONDENTS
Adv. Vishwali V. Botle h/f. Adv. A. R. Gole for the Applicant in
IA/522/2019 and CRA/39/2009.
Adv. R. D. Soni i/b. Adv. V. R. Kasle for the Respondents.
CORAM : RAJESH S. PATIL, J.
DATE : 27 JULY, 2026
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P.C. :-
INTERIM APPLICATION NO. 522/2019
1) This interim application has been filed to bring on record
the legal heirs of the deceased respondent no.1.
2) Mr.Soni, learned counsel appearing for the respondents
has no objection if this interim application is allowed.
3) In view of the statement made by Mr.Soni, this interim
application is allowed in terms of prayer clauses (a) and (b).
4) Amendment to be carried out within a period of two
weeks.
CIVIL APPLICATION NO. 123/2019 ALONGWITH CIVIL REVISION
APPLICATION NO. 39/2009
5) This civil application is filed by the respondents seeking
prayer to permit them to reconstruct the structure of 134 sq.ft. in
accordance with the directions given by the Trial Court and as
confirmed by the Appellate court, at his cost, subject to filing an usual
undertaking.
6) In the alternate, a prayer is made that the civil revision
application be fixed for final hearing.
7) By consent, let civil revision application to come up for
final hearing on 24 August, 2026 at 3:00 p.m.
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8) The parties are free to file short synopsis alongwith
proposition of law and the judgments relied upon by them by 17
August, 2026 and exchange copies amongst themselves.
[RAJESH S. PATIL, J.]
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