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Bombay High Court

KUNJUMON SIVARAJAN PANICKER (SINCE DECEASED THROUGH LEGAL HEIRS)versusCHANDRAVADAN PRANLAL DOSHI AND ORS.

Decided
Disposal
Disposed Off

Holding

The application to bring the legal heirs of the deceased respondent on record is allowed.

Summary

The appellant filed an interim application in the Bombay High Court seeking to bring the legal heirs of the deceased original respondent, Bharati Parekh, onto the record of the appeal. Bharati Parekh died on 6 May 2025, leaving three heirs: Rajanikant Parekh, Sheetal Kapadia, and Tushar Parekh. The counsel for the original respondents raised no objection to the amendment. The Court examined whether the heirs could be added as parties to the appeal. Finding no procedural impediment and noting the consent of the respondents, the Court allowed the application, directing that the cause title be amended within a week. The application was consequently disposed of.

Issues considered

  • Whether the legal heirs of a deceased respondent can be added to the record of an appeal under the Civil Procedure Code.

Subjects

  • civil procedure
  • amendment of parties
  • legal heirs
  • interim application
  • High Court

Judgment

SMITA       Digitally signed by SMITA
            JOHNSON GONSALVES
JOHNSON     Date: 2026.06.19 11:02:49
GONSALVES   +0530




                                  sg                                                                                 5.ia13681-25.docx


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION
                                           INTERIM APPLICATION NO.13681 OF 2025
                                                             IN
                                                FIRST APPEAL NO. 658 OF 2021

                   Kunjumon Sivarajan Panicker                                                               … Appellant
                                    versus
                   Chandravadan Pranlal Doshi And Ors.           … Respondents
                                                   ----
                   Mr. Ketan Dhavle, a/w. Mr. Amrut Joshi, for the Appellant in FA.
                   Mr. S.N. Chandrachood, for original Respondent Nos.1 to 3 in FA.
                                                   ----
                                                                    CORAM: SARANG V. KOTWAL &
                                                                          ASHISH S. CHAVAN, JJ.
                                                                    DATE: 17th JUNE, 2026.
                   P.C.:
                   1.               This is an Application filed by the original Appellant for

                   bringing the legal heirs of the original Respondent No.2 Bharati

                   Parekh on record. The original Respondent No.2 Bharati Parekh had

                   passed away on 6th May, 2025, and there are three legal heirs, as

                   mentioned in the Application, i.e. Rajanikant Parekh, Sheetal Kapadia

                   and Tushar Parekh.



                   2.               The learned Counsel appearing for the original Respondent Nos.

                   1, 2 and 3 has no objection for allowing this Application.



                                                                     Page 1 of 2
                                                        __________________________________________________

                                                                 17th June 2026
     sg                                                                                 5.ia13681-25.docx


3.    In these circumstances, the Application is allowed.                                           The

Appellant is permitted to bring the aforementioned legal heirs on

record. The cause title of the Appeal be amended within one week

from today. The Application is disposed of.



ASHISH S. CHAVAN, J.                                                           SARANG V. KOTWAL, J.




                                       Page 2 of 2
                          __________________________________________________

                                   17th June 2026


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