Bombay High Court
JAYSHANKAR MANIKLAL TRIPATHI AND ORS.versusTHE MUNICIPAL CORPORATION OF GREATER MUMBAI AND ANR.
- Decided
- Disposal
- Allowed
Holding
The interim application is within the limitation period and may be allowed by the Registrar under the applicable High Court rules.
Summary
The sole appellant in First Appeal No. 27557 of 2024 died on 30 June 2025 while the appeal was pending. The applicant filed an interim application to record the legal heirs of the deceased appellant, attaching the death certificate. The Registrar noted that the application was filed within the prescribed limitation period. Relying on Chapter II Rule 3, Sub‑Rule (i) of the Bombay High Court Appellate Side Rules, 1960, the Registrar was empowered to allow the amendment. The application was therefore allowed, directing the applicant to file the necessary amendment within two weeks and to submit an affidavit of service on the respondents. The order also required the applicant to provide acknowledgment receipts.
Issues considered
- Whether an interim application to record the legal heirs of a deceased appellant filed during the pendency of an appeal is within the limitation period
- Whether the Registrar has the authority under the Bombay High Court Appellate Side Rules to allow such an amendment
Subjects
- succession
- interim application
- limitation period
- high court rules
- amendment of pleadings
Judgment
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 264 OF 2026
IN
FIRST APPEAL (ST) NO. 27557 OF 2024
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Office Notes, Office Memoranda of Coram, Court’s or Judge’s order
appearance, Court’s Orders or directions and
Registrar’s orders
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CORAM : SHRI S. R. AGRAWAL
REGISTRAR (JUDL -II)
DATE : 02/02/2026
Adv. Gaurav i/by P. S. Chambers present
for applicant.
This Interim Application is preferred by the
Applicant to bring on record legal heirs of
deceased sole appellant. The learned
advocate for appellant mentioned in this
interim application that sole appellant is died
on 30/06/2025 during the pendency of
captioned First Appeal. The death certificate
of sole appellant is annexed to this interim
application.
The Office has placed Interim Application
before the Registrar (Judl. -II) with a note
that, the same is filed within period of
limitation.
Having considered the grounds coupled
with the fact that, application is within
limitation, the prayer is allowed by virtue of
the powers conferred upon the Registrar vide
Chapter II Rule 3, Sub Rule (i) of the Bombay
High Court, Appellate Side Rules, 1960.
Learned Advocate for the Applicant to
carry out necessary amendment within 02
(two) weeks. The learned advocate for
applicant submitted that he will file affidavit of
service of proceeding on respondents along
with acknowledgement receipts.
Sd/-
REGISTRAR (JUDL-II)
sat-R(J-II)-02.02.2026
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