Bombay High Court

ABBAS BABU MOKASHI (SINCE DECD.THR.LRS) MUMTAJ ABBAS MOKASHI AND ORSversusNATHURAM RAMCHANDRA PAWAR

Disposal: Allowed

Holding

The interim application is allowed as there is no delay in filing.

Summary

The applicant filed an interim application in the Bombay High Court to record the legal heirs of the deceased sole appellant, who died on 16 September 2020 during the pandemic. The application was filed on 3 April 2021, also during the pandemic, and the court was asked to consider whether any delay existed in filing. Relying on the Supreme Court's judgment in Suo Motu Writ Petition No. 3 of 2020, the court held that no delay could be attributed to the pandemic circumstances. Consequently, the interim application was allowed in accordance with prayer clauses (a) and (c). The court directed that the amendment be effected within four weeks from the date of the order.

Issues considered

Whether the interim application filed to record the legal heirs of a deceased appellant is barred by any delay in filing.

Subjects

interim application
legal heirs
death of appellant
pandemic
procedural delay
high court
civil appellate jurisdiction

Judgment

                                                             10-IA-1947-2021 (C).docx


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIRCUIT BENCH AT KOLHAPUR
                           CIVIL APPELLATE JURISDICTION
                   INTERIM APPLICATION NO. 1947 OF 2021
                                      IN
                       SECOND APPEAL NO. 472 OF 2020
        Abbas Babu Mokashi (since Decd.thr.lrs)
        Mumtaj Abbas Mokashi And Ors                      ...Applicants
                    VERSUS
        Nathuram Ramchandra Pawar                       ...Respondent
                                     WITH
                    INTERIM APPLICATION NO. 224 OF 2020
                                      IN
                       SECOND APPEAL NO. 472 OF 2020
        Abbas Babu Mokashi                                 ...Applicant
                    VERSUS
        Nathuram Ramchandra Pawar                       ...Respondent
                                  ___________
        Mr. Shivraj Jagdale i/b. Mr. Vijay Killedar, Advocate for the
        Applicant.
                                 ___________

                                           CORAM : RAJESH S. PATIL, J.
                                           DATE : 28 AUGUST 2026
        P. C. :

        1.        This interim application has been filed to bring on record the

        legal heirs of deceased sole appellant.

        2.        It is averred in the interim application that sole appellant died

        on 16 of September, 2020 during the pandemic period.

        3.        Interim application has been filed on 3 of April, 2021, again

        during the pandemic period.

        4.        Hence, there is no delay in filing this interim application in

        view of the judgment of the Supreme Court in Suo Motu Writ


Rushi                                         1 of 2
                                                           10-IA-1947-2021 (C).docx


        Petition No. 3 of 2020.

        5.       In view of the same, this interim application stands allowed in

        terms of prayer clauses (a) and (c).


        6.       Amendment to be carried within a period of four weeks from

        today.



                                                      [RAJESH S. PATIL, J.]




Rushi                                       2 of 2

Continue reading with your account

Checking your session…