Bombay High Court

WAHEED AKHTAR ANSARIversusFATIMA R ZAKARIA AND ORS

Decided: 2 February 2026
Disposal: Disposed Off
Bench: M S KARNIK S M MODAK

Holding

The Court condoned the delay and allowed the amendment to bring the legal heirs of the deceased petitioner on record.

Summary

The petitioners sought to bring the legal heirs of the deceased petitioner onto the record in a contempt petition. The application was filed after a delay of one year, seven months and seven days. The Court examined whether such delay warranted condonation. It held that the reasons provided justified condoning the delay and allowed the amendment to include the heirs. The Court directed that the amendment be effected within two weeks and disposed of the interim application, while scheduling the contempt petition for hearing on 27 February 2026.

Issues considered

Whether the delay of 1 year, 7 months and 7 days in filing the interim application can be condoned
Whether the petitioners may be permitted to bring the legal heirs of the deceased petitioner on record

Subjects

contempt petition
interim application
condonation of delay
legal heirs
amendment
schedule

Judgment

                      LSP                                  1              57 ia 11375.25.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                       Interim Application No.11375 of 2025
                                                         In
                                        Contempt Petition No. 483 of 2015
                                                         In
                                           Writ Petition No.8686 of 2009

                      Waheed Akhtar Ansari (since deceased
                      through his legal heirs)
                      1. Sayeed Akhtar Ansari and others                …        Applicants/
                                                                                 Petitioners
                           V/s.
                      Fatima R. Zakaria and others                      …        Respondents.


                      Mr. A.A.Maniyar for the Applicants.

                      Mr. S.B.Shenoy i/b. A.S.Karwande for Respondent No.2.
                      Ms. Rupali Shinde, AGP for Respondents-State.

                                                  CORAM : M.S. KARNIK &
                                                         S.M. MODAK, JJ.

                                                     DATE : 2nd February 2026.

                      P.C. :
                               This is an application for bringing the legal heirs of the
LATA
SUNIL
PANJWANI
Digitally signed by
                      deceased-Petitioner on record.
LATA SUNIL
PANJWANI
Date: 2026.02.04
18:12:58 +0530




                      2.       For the reasons mentioned in the application, the delay of one
                      year, 7 months and 7 days in filing the interim application deserves
                      to be condoned. The Application is allowed. The Applicants are
                      permitted to bring the legal heirs of the deceased-Petitioner on
LSP                                2            57 ia 11375.25.doc


record as per Schedule – I. Amendment to be carried out within two
weeks from today.

3.    Interim Application is disposed of.

4.    List the Contempt Petition on 27th February 2026.




     (S.M.MODAK,J.)                          (M.S.KARNIK, J.)

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