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Bombay High Court

Vijay Tukaram Vatekar (LH OF Tukaram Dhondiba Vatekar )versusJanakabai Chiman Taras (LH OF Chiman Narayan Taras)

Decided
Disposal
Allowed

Holding

The court allowed the addition of the legal heirs, condoned the delay, and set aside any abatement, permitting amendment of the petition.

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. The court examined whether the heirs could be added as parties despite the passage of time and whether any procedural defaults such as delay or abatement could be condoned. It held that the applications were maintainable, condoned any delay in filing, set aside any abatement, and permitted amendment of the pleadings before the next date. The court also dispensed with the requirement of re‑verification of the amended petition. Consequently, each interim application was allowed and disposed, enabling the legal heirs to be joined in the appeal.

Issues considered

  • Whether legal heirs of deceased respondents can be added to the second appeal after the death of the original parties.
  • Whether delay in filing such applications can be condoned.
  • Whether abatement of the appeal can be set aside in view of the addition of heirs.

Subjects

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

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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