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 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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