Bombay High Court
AAKAAR NIRMAAN PROPERTIESversusSLUM REHABILITATION AUTHORITY AND 29 ORS
- Decided
- Disposal
- DISPOSED OFF
- Bench
- GAUTAM A ANKHAD
Holding
The Court allowed the amendment to the petition to include the legal heirs of the deceased respondents and condoned any delay.
Summary
The applicant, Aakaar Nirman Properties, filed an interim application to amend its writ petition by adding the legal heirs of several deceased respondents. The applicant relied on a letter dated 10 April 2026 and death certificates furnished on 11 April 2026 to identify the heirs. Respondent counsel confirmed the deaths and the correctness of the names listed in the proposed amendment schedule. The Court examined whether the amendment could be permitted despite any delay in filing. Finding no substantive prejudice and accepting the evidence, the Court condoned any delay, allowed the amendment, and set a two‑week deadline for its completion, ordering service of the amended petition to all parties. The interim application was thereafter disposed of, with the writ petition listed for further hearing on 29 July 2026.
Issues considered
- Whether the petition may be amended to include the legal heirs of deceased respondents
- Whether any delay in seeking such amendment should be condoned
Subjects
- interim application
- amendment
- legal heirs
- condonation of delay
- civil procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.2713 OF 2026
IN
WRIT PETITION NO.1943 OF 2026
Aakaar Nirman Properties .. Applicant-Org. Petitioner
Vs.
Slum Rehabilitation Authority & Ors. .. Respondents
Mr. Parag Shah with Ms. Shraddha Prajapati, Advocates for the
Applicant-Original Petitioner.
Mr. Prashant Kamble, i/by Ms. Purnima Kantharia, Advocates for
Respondent Nos.1, 2, 3 and 22.
Mr. Madhur Surana, Advocate for Respondent No.4.
Mr. Suboad S. Sawant, Advocate for Respondent No.8.
Mr. Ravleen Sabharwal (through V.C.), Advocate for Respondent
No.23.
Mr. Sunita S. Warang, Advocate for Respondent Nos.6, 7, 9, 10, 11,
12, 13, 14, 15, 16 and 18.
CORAM : GAUTAM A. ANKHAD, J.
DATE : 22ND JUNE 2026.
P.C. :
1. The present Application is filed to amend the Petition and
bring on record legal heirs of Respondent nos.6, 9, 10, 11, 12, 14
and 18 (“deceased Respondents”).
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2. Mr. Shah, learned Counsel appearing for the
Applicant/Original Petitioner states that on 10 th April 2026, a letter
was addressed by the Advocate for Respondent nos.7, 13, 15 and 16
whereby names of some of the legal heirs were furnished. However,
copy of the Death Certificate was not furnished. Thereafter, by an e-
mail of 11th April 2026, the Death Certificates of the deceased
Respondents were furnished. The proposed amendments are only to
bring on record the legal heirs of the Deceased Respondents.
3. Ms. Warang, learned Advocate appearing for Respondent
nos.6, 7, 9, 10, 11, 12, 13, 14, 15, 16 and 18 confirms that
Respondent nos.6, 9, 10, 11, 12, 14 and 18 have passed away and
the names mentioned in Schedule-A, the Schedule of Amendment,
at pages 15 and 16 of the Application reflects the correct names of
the legal heirs.
4. In view of the above, delay, if any, is condoned and Interim
Application no.2713 of 2026 seeking amendment is allowed in
terms of prayer clause (b). Amendment shall be carried out within
a period of two weeks from today and the copy of the amended
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Petition shall be served on all the Respondents, including learned
Advocates appearing for the deceased Respondents and affidavit-of-
service shall be filed on or before the next date of hearing of the
Petition.
5. Interim Application no.2713 of 2026 is disposed of. List
the Writ Petition on 29th July 2026. Affidavit-in-reply shall be
filed by the Respondents before the said date.
[ GAUTAM A. ANKHAD, J. ]
Digitally
signed by
SNEHA
SNEHA ABHAY
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DIXIT Date:
2026.06.22
18:39:02
+0530
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