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Bombay High Court

RAHIMATUNNISA D/O. JAN MOHAMMAD SINCE DECD. THR. LRSversusMULCHAND TOLARAM DHAMEJA AND ORS.

Decided
Disposal
Allowed

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


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