Bombay High Court

Janardhan Hender Vaiti DECEASEDversusGauribai Baliram Kini DECEASED

Decided: 22 June 2026
Disposal: Allowed
Bench: SHARMILA U DESHMUKH

Holding

The court allowed the interim application, permitting amendment to record the legal heirs within two weeks and dispensing with re‑verification.

Summary

The appellant Janardhan Hender Vaiti (deceased) and others filed an interim application in a second appeal to bring on record the legal heirs of deceased Respondent No. 2. The application was filed within the prescribed time limit. The court examined whether the amendment to include the heirs could be permitted without re‑verification. Relying on procedural rules, the court held that the amendment could be allowed and that re‑verification was not necessary. Consequently, the interim application was allowed, directing the parties to file the amendment within two weeks. The order was pronounced by Justice Sharmila U. Deshmukh on 22 June 2026.

Issues considered

Whether an interim application to record the legal heirs of a deceased respondent may be entertained and allowed
Whether amendment to include the heirs can be permitted without re‑verification

Subjects

interim application
legal heirs
amendment
re-verification
civil procedure

Judgment

                                                       78-IA-1918-2026.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION

                   INTERIM APPLICATION NO. 1918 OF 2026
                                   IN
                      SECOND APPEAL NO. 207 OF 2025

Janardhan Hender Vaiti Deceased And Anr.               ...Applicants/
                                                       Appellants
          Versus
Gauribai Baliram Kini Deceased And Ors.                ...Respondents

                              ——————
Mr. Yash Dewal a/w Mr. Ashwin Kulkarni, for the Applicant /Appellant in
SA No. 207 of 2025.
Mr. Sarosh Bharucha a/w Mr. Hrushi Narvekar, Ms. Vaibhavi Bhalerao i/b
Trilegal, for the Respondent Nos. 1(a)-1(f) and 2(a)-2(f).
                              ——————

                            CORAM : SHARMILA U. DESHMUKH, J.
                            DATE     : June 22, 2026


P. C. :

1.        Interim Application has been preferred to bring on record the

legal heirs of deceased Respondent No. 2. The application is filed

within time and is hereby allowed.

2.        The amendment to be carried out within a period of two weeks.

Re-verification is dispensed with.




                                       [SHARMILA U. DESHMUKH, J.]



Arya                               1 of 1

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