Bombay High Court
RAHIMATUNNISA D/O. JAN MOHAMMAD SINCE DECD. THR. LRSversusMULCHAND TOLARAM DHAMEJA AND ORS.
- Decided
- Disposal
- Allowed
- Bench
- RAJESH S PATIL
Holding
The Court allowed the interim applications to record the legal heirs, directing amendment within two weeks.
Summary
The petitioner filed several interim applications seeking to record the legal heirs of deceased respondents and a deceased petitioner in the ongoing suit WP/10456/2004. The petitioner relied on letters from the respondent's counsel dated 20 June 2025, which identified the deaths and named the proposed legal heirs. The respondent's counsel, Neel Pungliya, expressed no objection to the amendments. The Court, after considering the counsel's statements, allowed the interim applications, directing that the necessary amendments be made within two weeks. The matter was then adjourned to 31 July 2026 for further directions, with parties exploring an amicable settlement.
Issues considered
- Whether an interim application seeking to record the legal heirs of deceased parties may be allowed without objection.
Subjects
- interim application
- legal heirs
- amendment
- civil procedure
- High Court
- recording parties
Judgment
026:BHC-AS:2
Diksha Rane 20 WP 10456 2004.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WP/10456/2004
WITH
IA/1993/2026
WITH
IA(ST)/34420/2025
WITH
IA(ST)/34415/2025
IN
WP/10456/2004
RAHIMATUNNISA D/O. JAN MOHAMMAD
VS
MULCHAND TOLARAM DHAMEJA AND ORS.
------------
Adv. Abhijeet Khade i/b. Adv. Satyajeet Dighe for petitioner.
Adv. Neel Pungliya for respondent nos. 1 to 9.
------------
CORAM : RAJESH S. PATIL, J.
DATE : 10 JULY 2026.
P.C. :
IA(ST)/34415/2025
IN
WP/10456/2004
1) This interim application has been filed by the petitioner to
bring on record the legal heirs of deceased respondent no.2 and so
also, the legal heirs of proposed respondent no.2B.
2) It is the submissions of the counsel appearing for the petitioner
that the counsel appearing for the respondent by his letter dated 20
June 2025 informed him about the death of respondent no.2 and that
1
Diksha Rane 20 WP 10456 2004.doc
of proposed legal heir of respondent no.2B. So also, the names of
proposed legal heirs were informed by the said letter. A copy of the
said letter is enclosed at page 12 of the interim application.
3) Mr. Pungliya, learned counsel appears for the respondent has
no objection if this interim application is allowed.
4) In view of the statement made by the learned counsel for the
respondents, interim application stands allowed in terms of prayer
clauses (a) and (b).
5) Amendment to be carried out within a period of two weeks
from today.
IA/1993/2026
6) This interim application has been filed by the petitioner to
bring on record the legal heirs of deceased respondent no.7. He
submits that the legal heirs of deceased respondent no.7 are already
on record as respondent nos.8 and 9.
7) It is the submissions of the counsel appearing for the petitioner
that the counsel appearing for the respondent by his letter dated 20
June 2025 informed him about the death of deceased respondent
no.7 and that of proposed legal heir of deceased respondent no.7. So
also, the names of proposed legal heirs were informed by the said
2
Diksha Rane 20 WP 10456 2004.doc
letter. A copy of the said letter is enclosed at page 9 of the interim
application.
8) Mr. Pungliya, learned counsel appears for the respondent has
no objection if this interim application is allowed.
9) In view of the statement made by the learned counsel for the
respondents, interim application stands allowed in terms of prayer
clauses (a).
10) Amendment to be carried out within a period of two weeks
from today.
IA(ST)/34420/2025
11) This interim application has been filed by the petitioner to
bring on record the legal heirs of deceased petitioner no.1(b)(i). He
submits that the legal heirs of deceased petitioner no.1(b)(i) are
already on record as petitioner nos.1(b)(ii) and 1(b)(iii).
12) Mr. Pungliya, learned counsel appears for the respondent has
no objection if this interim application is allowed.
13) In view of the statement made by the learned counsel for the
respondents, interim application stands allowed in terms of prayer
clauses (a) and (b).
3
Diksha Rane 20 WP 10456 2004.doc
14) Amendment to be carried out within a period of two weeks
from today.
WP/10456/2004
15) Stand over to 31 July 2026. Matter to come up under the
caption “For Directions” as parties are exploring the possibility of
settling the dispute amicably.
(Rajesh S. Patil, J.)
4
Signed by: Diksha Rane
Designation: PS To Honourable Judge
Date: 10/07/2026 20:12:46
Checking your session…