Bombay High Court
Vijay Tukaram Vatekar (LH OF Tukaram Dhondiba Vatekar)versusJanakabai Chiman Taras (LH OF Chiman Narayan Taras)
- Decided
- Disposal
- Allowed
- Bench
- MILIND N JADHAV
Holding
The Court may permit amendment to include legal heirs, condone filing delay, and set aside abatement in a second appeal.
Summary
The Bombay High Court heard a series of interim applications filed in Second Appeal No. 132 of 2017 to bring on record the legal heirs of various deceased respondents. Each application sought permission to amend the pleadings, condone any delay in filing, and set aside any abatement that might have arisen due to the death of a party. The Court examined the applications and, for each, allowed the amendment, condoned the delay, and ordered that any abatement be set aside. It also dispensed with the requirement of re‑verification and directed that copies of the amended petitions be served on the respondents. The Court listed the pending interim applications and ordered that they be disposed of accordingly.
Issues considered
- Whether the Court may allow amendment of the pleadings to include legal heirs of deceased respondents
- Whether delay in filing such applications can be condoned
- Whether any abatement arising from the death of a party can be set aside
Subjects
- interim application
- legal heirs
- second appeal
- amendment of pleadings
- condonation of delay
- abatement
Judgment
40-4. SA-132-2017.odt
Amberkar
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 132 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
INTERIM APPLICATION NO. 3446 OF 2023
WITH
INTERIM APPLICATION (ST) NO. 18161 OF 2025
WITH
INTERIM APPLICATION (ST) NO. 60 OF 2026
WITH
INTERIM APPLICATION (ST) NO. 61 OF 2026
WITH
INTERIM APPLICATION NO. 1242 OF 2026
WITH
INTERIM APPLICATION NO. 1253 OF 2026
WITH
INTERIM APPLICATION NO. 1254 OF 2026
WITH
INTERIM APPLICATION NO. 1257 OF 2026
WITH
INTERIM APPLICATION NO. 1265 OF 2026
....................
Mr. Ajinkya Udane, Advocates for Applicants
Mr. Ajay Joshi for Appellants in SA 97/2017 & 546/2017
...................
CORAM : MILIND N. JADHAV, J.
DATE : FEBRUARY 17, 2026
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40-4. SA-132-2017.odt
P. C.:
1. Heard learned Advocates appearing for the parties.
INTERIM APPLICATION (ST) NO. 60 OF 2026:-
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) and (b). 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. 61 OF 2026:-
3. Present Application is filed for bringing on record legal heirs of
deceased Respondent No. 19 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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40-4. SA-132-2017.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 NO. 1242 OF 2026:-
4. Present Application is filed for bringing on record legal heirs of
deceased Respondent No. 1D 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 NO. 1253 OF 2026:-
5. Present Application is filed for bringing on record legal heirs of
deceased Respondent No. 1Cc in Second Appeal.
5.1. 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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40-4. SA-132-2017.odt
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. 1254 OF 2026:-
6. Present Application is filed for bringing on record legal heirs of
deceased Respondent No. 17 in Second Appeal.
6.1. 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.
6.2. Interim Application is allowed and disposed.
INTERIM APPLICATION NO. 1257 OF 2026:-
7. Present Application is filed for bringing on record legal heirs of
deceased Respondent No. 13 in Second Appeal.
7.1. 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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40-4. SA-132-2017.odt
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 NO. 1265 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 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.
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
MOHAN AMBERKAR
AMBERKAR Date:
2026.02.20
19:38:08 +0530
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