Bombay High Court
SMT. GEETANJALI PRAKASH KAREKAR AND ORSversusTHE MAHARASHTRA HOUSING and AREA DEVELOPMENT AUTHORITY AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the legal heirs of the deceased respondents may be brought on record, allowing the applications.
Summary
The appellants filed an application to have the legal heirs of the deceased respondent, Miss Jayashri Jayant Karekar, placed on record in a pending civil application. While this application was pending, one of those heirs, Smt. Reshma Ramakant Nagvekar, also died, prompting the appellants to file a separate interim application to include her heirs. The Court, after hearing counsel for both parties, accepted the reasons provided and allowed both the original civil application and the interim application, thereby permitting the inclusion of the respective legal heirs. The Court directed that the necessary amendments be made in all copies of the civil application and the appeal within eight weeks. It further ordered that the civil application and interim application be disposed of and not placed on the court's board.
Issues considered
- Whether the legal heirs of deceased respondents can be brought on record in the pending civil application and appeal.
Subjects
- legal heirs
- interim application
- civil application
- amendment
- succession
- procedural law
- Maharashtra Housing & Area Development Authority
- High Court of Bombay
Judgment
ppn 1 13.caf-1201.16 & ia-12718.25.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed CIVIL APPELLATE JURISDICTION
by PRACHI
PRACHI PRANESH
PRANESH NANDIWADEKAR
NANDIWADEKAR
Date: 2026.02.02
17:16:14 +0530 CIVIL APPLICATION NO.1201 OF 2016
IN
FIRST APPEAL NO.414 OF 2014
Geetanjali Prakash Karekar & Ors. ….Applicants
V/s.
The Maharashtra Housing & Area
Development Authority & Ors. .…Respondents
WITH
INTERIM APPLICATION NO.12718 OF 2025
IN
CIVIL APPLICATION NO.1201 OF 2016
IN
FIRST APPEAL NO.414 OF 2014
Mahesh Prakash Karekar & Anr. ….Applicants
In the matter between
Geetanjali Prakash Karekar & Ors. ….Appellants
V/s.
The Maharashtra Housing & Area
Development Authority & Ors. .…Respondents
----
Mr. Himanshu B. Takke for the appellants.
Mr. Satyajeet Dighe for respondent nos.1 & 2-MHADA.
----
CORAM : JITENDRA JAIN, J.
DATED : 2 February 2026
P. C. :
1. This application is made to bring legal heirs of respondent no.4-Miss
Jayashri Jayant Karekar on record since she has passed away on 10 January
2015.
ppn 2 13.caf-1201.16 & ia-12718.25.doc
2. Pending the disposal of the present civil application, one of the legal
heirs of Jayashri Jayant Karekar i.e., Smt. Reshma Ramakant Nagvekar
passed away.
3. The learned counsel for the applicants has taken out a separate
application to bring legal heirs of Smt. Reshma Ramakant Nagvekar on
record which is Interim Application No.12718 of 2025.
4. I have heard learned counsel for the applicants and the MHADA.
Being satisfied with the reason stated in the civil application, Civil
Application No.1201 of 2006 and Interim Application No.12718 of 2025
are allowed. Consequently, the legal heirs of Jayashri Jayant Karekar are
brought on record by bringing the legal heirs of Reshma Ramakant
Nagvekar also on record.
5. Amendment to be carried out within 8 weeks from today in all the
copies of civil applications and the appeal.
6. Civil Application No.1201 of 2006 and Interim Application No.12718
of 2025 are disposed of.
7. Registry is directed not to place these civil application and interim
application on board.
(JITENDRA JAIN, J.)
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