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Bombay High Court

GAYATRI KRIPASHANKAR DUBEYversusM/S.SHUKLA DEVELOPERS

Decided
Disposal
Disposed Off

Holding

The Court may condone delay and allow amendment to bring legal heirs on record, subject to a reasonable time limit.

Summary

During the pendency of Second Appeal No.114 of 2013, Respondent No.3 and Respondent No.4 died, necessitating the inclusion of their legal heirs in the proceedings. Applications IA No.2439/2026 and IA (Stamp) No.19174/2026 were filed to bring these heirs on record, albeit after a delay. The learned counsel for each set of heirs sought condonation of the delay and permission to amend the pleadings within a stipulated period. The Court, after considering the counsel's instructions, condoned the delay and allowed the amendment, directing that the heirs be added within three weeks. Both interim applications were subsequently disposed, and the Second Appeal was listed for settlement on 30 September 2026.

Issues considered

  • Whether the High Court may condone delay in filing an application to bring legal heirs of a deceased party on record
  • Whether the Court can permit amendment of pleadings to include such legal heirs within a specified time

Subjects

  • interim application
  • condonation of delay
  • amendment
  • legal heirs
  • civil appeal
  • High Court of Bombay

Judgment

26:BHC-AS:1

              Megha                                               3_ia_2439_2026


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CIVIL APPELLATE JURISDICTION
                            INTERIM APPLICATION NO.2439 OF 2026
                                           WITH
                        INTERIM APPLICATION (STAMP) NO.19174 OF 2026
                                           WITH
                            INTERIM APPLICATION NO. 2435 OF 2026
                                           WITH
                              CIVIL APPLICATION NO.336 OF 2013
                                           WITH
                        INTERIM APPLICATION (STAMP) NO.30398 OF 2024
                                           WITH
                              CIVIL APPLICATION NO.337 OF 2013
                                             IN
                               SECOND APPEAL NO.114 OF 2013
                                           WITH
                          CROSS OBJECTION (STAMP) NO.12733 OF 2013

              Gayatri Kripashankar Dubey and Ors.               ...Applicants
              In the matter between
              Krupashankar Ramdular Shukla
              (since deceased through his legal heirs)
              1. Geeta R. Pandey and Ors.                       … Appellants.

                                V/s.

              M/s. Shukla Developers and Ors.                   ...Respondents
                                           ________________
              Dr. Uday Warunjikar with Mr. Mayank Tripathi, Mr. Varad Sherlekar and
              Ms. Rutika Bhoir i/b. Ms. Preeti Walimbe for the Appellants/Applicants.
              Ms. Neeta Karnik, Senior Advocate i/b. Mr. Sumedh Modak and Mr. R.M.
              Gogte for Respondent Nos.1, 2 and 5 for the Applicant in IA/2435/2026.
              Ms. Shalu D. Jadhav for the Applicant in IA/2439/2026 and for legal heirs
              of Respondent No.3.
              Mr. Harshad A. Sathe i/b. Mr. Shubham Gangan for the Applicant in
              IAST/19174/2026 legal heirs of Respondent No.4.
                                           ________________

                                               Page No.1 of 3
                                             2 September 2026
Megha                                              3_ia_2439_2026




                                       CORAM: SANDEEP V. MARNE, J.

                                        DATED: 2 SEPTEMBER 2026.


P.C.:
Interim Application No.2439 of 2026:-


1)      The Application is filed to bring on record legal heirs of
Respondent No.3, who has passed away during pendency of the Appeal.


2)      Ms. Jadhav, the learned counsel submits that she has instructions
to appear on behalf of legal heirs of Respondent No.3. In that view of the
matter, delay in filing the Application is condoned and heirs of
Respondent No.3 are permitted to be brought on record. Amendment to
be carried out within a period of three weeks.


3)      Interim Application is disposed of.


Interim Application (Stamp) No.19174 of 2026:-


4)      The Application is filed to bring on record legal heirs of
Respondent No.4, who has passed away during pendency of the Appeal.


5)      Mr. Sathe, the learned counsel submits that he has instructions
to appear on behalf of legal heirs of Respondent No.4. In that view of the
matter, delay in filing the Application is condoned and heirs of



                                 Page No.2 of 3
                               2 September 2026
                          Megha                                                     3_ia_2439_2026


                          Respondent No.3 are permitted to be brought on record. Amendment to
                          be carried out within a period of three weeks.


                          6)          Interim Application is disposed of.


                          Second Appeal No.114 of 2013:-


                          7)          List the Second Appeal alongwith other Applications on 30
                          September 2026 under the caption ‘for settlement’.




                                                                                [SANDEEP V. MARNE, J.]




Signed by: Megha S. Parab
                                                               Page No.3 of 3
Designation: PA To Honourable Judge                          2 September 2026
Date: 03/09/2026 15:57:19


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