Bombay High Court
MRS. MANDA KESHAV APTE (SINCE DECEASED)versusMR. MOHAN GOPAL RANE
- Decided
- Disposal
- Disposed Off
- Bench
- SANDEEP V MARNE
Holding
The court allowed the applications to bring the legal heirs and representatives on record and listed the interim application for settlement, thereby permitting the withdrawal of the interim compensation subject to settlement.
Summary
The High Court entertained three civil applications seeking to record the legal heirs of a deceased revision applicant and the legal representatives of a sole respondent, and allowed them, directing necessary amendments within three weeks. All three applications were subsequently disposed. In a separate interim application, the respondent sought withdrawal of a deposited interim compensation amount, citing redevelopment of the premises and the need to determine whether they would provide a DAT to the revision applicant in the redeveloped building. The court directed that the interim application be listed for settlement on 24 April 2026. No substantive merits were decided beyond procedural directions.
Issues considered
- Whether the legal heirs of the deceased revision applicant can be brought on record.
- Whether the legal representatives of the sole respondent can be brought on record.
- Whether the respondent may withdraw the deposited interim compensation.
Subjects
- legal heirs
- legal representatives
- interim compensation
- civil application
- revision
- settlement
Judgment
026:BHC-AS:1
Megha 3_cac_491_2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CIVIL APPLICATION NO.491 OF 2017
WITH
INTERIM APPLICATION NO.10979 OF 2025
WITH
INTERIM APPLICATION NO.10984 OF 2025
WITH
INTERIM APPLICATION NO.10470 OF 2025
IN
CIVIL REVISION APPLICATION NO.255 OF 2015
WITH
CIVIL REVISION APPLICATION NO.255 OF 2015
Milind Keshav Apte ...Applicant
Mrs. Manda Keshav Apte
(Since deceased) ...Orig. Applicant
V/s.
Mohan Gopal Rane ...Respondents
________________
Mr. Sameer M. Tendulkar for the Applicant.
Ms. Prasanna Pawar i/b. M/s. Shamim & Co. for the Respondents in CRA
and Applicant in IA/10979/2025, 10984/2025.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 18 APRIL 2026.
P.C.:
Civil Application No. 491 OF 2017, Interim Application No.10984 of 2025
and Interim Application No.10470 of 2025:-
1) The Civil Application No.491 of 2017 is Aled to bring on record
the Applicant as legal heir of the deceased Revision Applicant. Interim
Page No.1 of 2
18 April 2026
Megha 3_cac_491_2017
Application No.10984 of 2025 is Aled for bringing on record legal
representatives of the sole Respondent. For the same purpose, Interim
Application No.10470 of 2025 is Aled by the Revision Applicant.
2) For the reasons indicated in the respective Applications, all the
three Applications are allowed. Legal heirs of the deceased Revision
Applicant and the deceased Respondent are permitted to be brought on
record. Necessary amendments to be carried out within a period of three
weeks.
3) All the three Applications are disposed of.
Interim Application No.10979 of 2025:-
4) This Application is Aled by the Respondent for withdrawal of
deposited amount of interim compensation. It appears that one of the
reasons why recovery of possession of tenanted premises is sought by
the Respondent -landlady was for carrying out redevelopment of the
structure. To a query put by this Court as to whether the Respondents are
willing to provide a Dat to the Revision Applicant in the redeveloped
building, the learned counsel appearing for the Respondents seeks time
to take instructions.
5) List the Civil Revision Application alongwith Interim Application
No.10979 of 2025 under caption ‘for settlement’ on 24 April 2026.
[SANDEEP V. MARNE, J.]
Signed by: Megha S. Parab
Page No.2 of 2
Designation: PA To Honourable Judge 18 April 2026
Date: 22/04/2026 15:19:12
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