Bombay High Court

ABDUL JABBAR SINCE DECEASED THR LRS. BILAL JABBAR AND ORS.versusJAMALUDDIN MOHAMMED KHWAJA SHAIKH AND OTHERS

Decided: 3 September 2026
Disposal: Disposed Off

Holding

The court condoned the delay and allowed the legal heirs of the deceased to be brought on record, making the interim application absolute.

Summary

The applicants, legal heirs of the deceased Abdul Jabbar, filed an interim application to bring the deceased's legal heirs on record in a pending revision suit. The father of the applicants died during the pendency of the revision, and the daughters of the deceased were not cooperating, prompting the applicants to seek their impleadment as formal respondents. The court examined the averments in the revision petition and considered the need to allow the applicants to prosecute the case on its merits. It held that condoning the delay was appropriate to ensure justice. Consequently, the interim application was made absolute, permitting the amendment to include the legal heirs within three weeks, and the interim application was disposed.

Issues considered

Whether the court may condone the delay in bringing the legal heirs of a deceased party on record in a pending revision application
Whether the daughters of the deceased can be impleaded as formal respondents in the revision suit

Subjects

interim application
legal heirs
revision
condonation of delay
impleadment

Judgment

Neeta Sawant                                              14-IA-13697-2025.docx


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION


                INTERIM APPLICATION NO. 13697 OF 2025
                                      IN
               CIVIL REVISION APPLICATION NO. 84 OF 2010


1. Abdul Jabbar, since deceased
through Legal Heirs
1(1) Bilal Jabbar & Ors.                                      ….. Applicants
        : Versus :
1. Jamaluddin Mohammed Khwaja
Shaikh & Ors.                                                 ….Respondents


Ms. Madhuri Rajbagkar, for the Applicants.
Mr. Aditya Mahamiya i/b. Bhutekar & Associates, for the Respondents.




                                        CORAM : SANDEEP V. MARNE, J.
                                        DATED :       3 SEPTEMBER 2026.


P.C :

1)         The Interim Application is filed to bring on record legal heirs of
Applicant No.1 who has passed away during pendency of the Revision
Application. Applicants No.1(1) to 1(4) are the sons of Applicant No.1. It
appears that the daughters of Applicant No.1 are not co-operating in
prosecution of the Revision Application. Therefore, the daughters are
_____________________________________________________________________________

                               PAGE NOS. 1 of 2
                             Thursday, 3 September 2026
Neeta Sawant                                              14-IA-13697-2025.docx


sought to be impleaded as formal Respondent Nos.4 to 8 in the Revision
Application.




2)             Considering the averments made in the Revision Application
and to provide an opportunity to the Applicants to prosecute the Revision
Application on merits, I deem it appropriate to condone the delay and to
permit the legal heirs of Applicant No.1 to be brought on record. The
Interim Application is accordingly made absolute in terms of prayer
clause 8(a). Necessary amendments to be carried out within a period of 3
weeks. Interim Application is disposed of.




                                               [SANDEEP V. MARNE, J.]




_____________________________________________________________________________

                               PAGE NOS. 2 of 2
                             Thursday, 3 September 2026

Continue reading with your account

Checking your session…