Bombay High Court

SOU. MANABAI TUKARAM VATEKAR DIEDversusSHRI.CHIMAN NARAYAN TARAS DIED

Decided: 17 February 2026
Disposal: Allowed
Bench: MILIND N JADHAV

Holding

The court held that interim applications seeking to record legal heirs may be allowed, with delay condoned, abatement set aside, and amendment permitted before the next date.

Summary

The Bombay High Court dealt with a series of interim applications filed in a second appeal to bring on record the legal heirs of several deceased respondents. Each application sought permission to amend the petition to include the heirs, condone any filing delay, and set aside any abatement. The Court examined the applications, found no substantive impediment, and allowed the prayers, condoning delays and ordering that the petition be amended before the next date. It also dispensed with the requirement of re‑verification and directed service of the amended petition on the respondents. All the interim applications were consequently allowed and disposed, clarifying the procedural latitude to amend pleadings and condone delay in pending appeals.

Issues considered

Whether the court may condone delay in filing interim applications to record legal heirs
Whether abatement can be set aside in such applications
Whether amendment to include legal heirs may be permitted before the next date of hearing

Subjects

legal heirs
amendment of pleadings
condonation of delay
abatement
second appeal
interim application
procedural law

Judgment

40-1. SA-8-2017.odt

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

SECOND APPEAL NO. 8 OF 2017

Manabai Tukaram Vatekar
(since deceased) through L.Rs.
Vijay Tukaram Vatekar & Ors. .. Appellants
Versus
Chiman Narayan Tara
(since deceased) through L.Rs.
Janakabai Chiman Taras & Ors. .. Respondents

WITH
CIVIL APPLICATION NO. 20 OF 2017
WITH
INTERIM APPLICATION NO. 691 OF 2021
WITH
INTERIM APPLICATION NO. 3443 OF 2023
WITH
INTERIM APPLICATION (ST) NO. 13927 OF 2025
WITH
INTERIM APPLICATION (ST) NO. 39628 OF 2025
WITH
INTERIM APPLICATION (ST) NO. 41252 OF 2025
WITH
INTERIM APPLICATION (ST) NO. 59 OF 2026
WITH
INTERIM APPLICATION (ST) NO. 1004 OF 2026
WITH
INTERIM APPLICATION NO. 1231 OF 2026
WITH
INTERIM APPLICATION (ST) NO. 4511 OF 2026
WITH
INTERIM APPLICATION (ST) NO. 4515 OF 2026
....................
 Mr. Ajinkya Udane, Advocates for Applicants
 Mr. Ajay Joshi for Appellants in SA 97/2017 & 546/2017
...................

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40-1. SA-8-2017.odt

CORAM : MILIND N. JADHAV, J.
DATE : FEBRUARY 17, 2026
P. C.:

1. Heard learned Advocates appearing for the parties.

INTERIM APPLICATION (ST) NO. 39628 OF 2025:-

2. Present Application is filed for bringing on record legal heirs of

deceased Respondent No. 8 in Second Appeal.

2.1. Perused the Application. For the reasons stated therein, Interim

Application is allowed in terms of prayer clause (a). Delay if any, in

filing the Application stands condoned. Abatement, if any, stands set

aside. Amendment is permitted to be carried out before the next date.

Re-verification stands dispensed with. Copy of the amended Petition

shall be served on Respondents.

2.2. Interim Application is allowed and disposed.

INTERIM APPLICATION (ST) NO. 41252 OF 2025:-

3. Present Application is filed for bringing on record legal heirs of

deceased Respondent No. 13 in Second Appeal.

3.1. Perused the Application. For the reasons stated therein, Interim

Application is allowed in terms of prayer clause (a) to (c). Delay if any,

in filing the Application stands condoned. Abatement, if any, stands

set aside. Amendment is permitted to be carried out before the next

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40-1. SA-8-2017.odt

date. Re-verification stands dispensed with. Copy of the amended

Petition shall be served on Respondents.

3.2. Interim Application is allowed and disposed.

INTERIM APPLICATION (ST) NO. 59 OF 2026:-

4. Present Application is filed for bringing on record legal heirs of

deceased Respondent No. 19 in Second Appeal.

4.1. Perused the Application. For the reasons stated therein, Interim

Application is allowed in terms of prayer clause (a) to (c). Delay if any,

in filing the Application stands condoned. Abatement, if any, stands

set aside. Amendment is permitted to be carried out before the next

date. Re-verification stands dispensed with. Copy of the amended

Petition shall be served on Respondents.

4.2. Interim Application is allowed and disposed.

INTERIM APPLICATION (ST) NO. 1004 OF 2026:-

5. Present Application is filed for bringing on record legal heirs of

deceased Respondent No. 17 in Second Appeal.

5.1. Perused the Application. For the reasons stated therein, Interim

Application is allowed in terms of prayer clauses (a) to (c). Delay if

any, in filing the Application stands condoned. Abatement, if any,

stands set aside. Amendment is permitted to be carried out before the

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40-1. SA-8-2017.odt

next date. Re-verification stands dispensed with. Copy of the amended

Petition shall be served on Respondents.

5.2. Interim Application is allowed and disposed.

INTERIM APPLICATION NO. 1231 OF 2026:-

6. Present Application is filed for bringing on record legal heirs of

deceased Respondent No. 1D in Second Appeal.

6.1. Perused the Application. For the reasons stated therein, Interim

Application is allowed in terms of prayer clauses (a) to (c). Delay if

any, in filing the Application stands condoned. Abatement, if any,

stands set aside. Amendment is permitted to be carried out before the

next date. Re-verification stands dispensed with. Copy of the amended

Petition shall be served on Respondents.

6.2. Interim Application is allowed and disposed.

INTERIM APPLICATION (ST) NO. 4511 OF 2026:-

7. Present Application is filed for bringing on record legal heirs of

deceased Respondent No. 1C(c) in Second Appeal.

7.1. Perused the Application. For the reasons stated therein, Interim

Application is allowed in terms of prayer clauses (a) to (c). Delay if

any, in filing the Application stands condoned. Abatement, if any,

stands set aside. Amendment is permitted to be carried out before the

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40-1. SA-8-2017.odt

next date. Re-verification stands dispensed with. Copy of the amended

Petition shall be served on Respondents.

7.2. Interim Application is allowed and disposed.

INTERIM APPLICATION (ST) NO. 4515 OF 2026:-

8. Present Application is filed for bringing on record legal heirs of

deceased Respondent No. 1B in Second Appeal.

8.1. Perused the Application. For the reasons stated therein, Interim

Application is allowed in terms of prayer clauses (a) to (c). Delay if

any, in filing the Application stands condoned. Abatement, if any,

stands set aside. Amendment is permitted to be carried out before the

next date. Re-verification stands dispensed with. Copy of the amended

Petition shall be served on Respondents.

8.2. Interim Application is allowed and disposed.

9. List the Second Appeal along with pending Interim Applications

on 10th March, 2026.

Amberkar [ MILIND N. JADHAV, J. ]
Digitally signed
by RAVINDRA
RAVINDRA MOHAN
AMBERKAR
MOHAN Date:
AMBERKAR 2026.02.20
19:19:50
+0530

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