Bombay High Court

PHIROZ ABDUL HUSSEINversusSHRI. J. A. GOMES AND ORS.

Decided: 6 February 2026
Disposal: Disposed Off
Bench: JITENDRA SHANTILAL JAIN

Holding

The court held that the legal heirs of the deceased appellant may be brought on record by amendment of the pleadings.

Summary

The appellant filed an interim application seeking to bring the legal heirs of the deceased appellant No.2 onto the record. The appellant No.2 had died on 15 June 2025, and a death certificate was produced. The court examined the application and the death certificate and found no impediment to adding the heirs. It ordered that the amendment to include the heirs be effected within four weeks from the date of the order. The amended copy of the pleadings is to be served on all parties, and the interim application was disposed.

Issues considered

Whether the legal heirs of a deceased appellant may be added to the pleadings in an ongoing civil appeal

Subjects

interim application
legal heirs
amendment of pleadings
civil procedure
high court

Judgment

                                                                                908-IA-11971-2025.doc




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO.11971 OF 2025
                                                       WITH
                                        CIVIL APPLICATION NO.2468 OF 2016
                                                       WITH
                                        CIVIL APPLICATION NO.3716 OF 2014
                                                        IN
                                          FIRST APPEAL NO.1083 OF 2012

                      Phiroz Abdul Hussein                             … Applicant
SHARADA
RANGNATH
WAHULE                              V/s.
Digitally signed by
SHARADA
RANGNATH WAHULE
Date: 2026.02.07
10:50:28 +0530
                      Shri. J. A. Gomes And Ors.                       … Respondents

                                       ____________________________________

                      Mrs. Shakuntala Mudbidri, Advocate for the Applicant.
                      None for the Respondent.
                      Mrs. S. S. Dukhande, Section officer, office to Court Receiver, present.
                                       ____________________________________

                                                     CORAM      : JITENDRA JAIN, J.


                                                     DATED      : 6th FEBRUARY 2026
                      P.C.:

                      1.      This interim application is filed by the appellant to bring on
                      record legal heirs of deceased appellant no.2. The original appellant
                      no.2 died on 15th June, 2025.


                      2.      I have perused the application and the death certificate. The legal
                      heirs of appellant no.2 are permitted to be brought on record.


                      3.      Amendment to be carried out within four weeks from today. The



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                                                       908-IA-11971-2025.doc


amended copy shall be served on all the parties.

4.    This interim application is disposed of.



                                            (JITENDRA JAIN, J.)




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SUB

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