Bombay High Court

SHRIKANT GOPAL PARAB THROUGH POWER OF ATTORNEY HOLDER SHANTI MAHESH PARAB AND ORS.versusPRADEEP RAMCHANDRA MOHITE AND ANR.

Decided: 2 February 2026
Disposal: Allowed

Holding

The court allowed the filing of an additional affidavit with the death certificates and adjourned the matter to 24 February 2026.

Summary

The appellants filed an interim application to record the legal heirs of deceased appellant No.2 and No.7, who died during the COVID‑19 period and were not represented by counsel in the original suit. The respondents objected, noting that the death certificate of appellant No.2 was not on record. The appellants sought permission to file an additional affidavit containing the death certificate. The court directed that the affidavit be filed on or before 18 February 2026 and adjourned the matter to 24 February 2026 to consider the application further.

Issues considered

Whether the death certificates of the deceased appellants can be placed on record through an additional affidavit
Whether an adjournment should be granted to allow filing of the affidavit

Subjects

interim application
death certificate
legal heirs
adjournment
civil appellate jurisdiction

Judgment

                                                                             44-ia-38418-2025.doc


                                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION

                                           INTERIM APPLICATION NO.38418 OF 2025
                                                             IN
                                             FIRST APPEAL (ST.) NO.38416 OF 2025

                      Shrikant Gopal Parab                                   ...Appellants
                      (Through POA Shanti Mahesh Parab) and Others
VISHAL
SUBHASH
PAREKAR                           Versus
Digitally signed by
VISHAL SUBHASH
PAREKAR
Date: 2026.02.02
                      Pradeep Ramchandra Mohite and Another                  ...Respondents
19:10:48 +0530




                                                   ——————
                      Mr. Rajendra Singh a/w. Ms. Anita Phanse and Mr. Balraj Nishad, for the
                      Applicants/Appellants.
                      Mr. Sameer Logade, for the Respondents.
                                                   ——————

                                                     CORAM : SHARMILA U. DESHMUKH, J.
                                                     DATE    : FEBRUARY 02, 2026


                      P. C. :

                      1.         Not on board. Taken on board.

                      2.         The Interim Application has been preferred for bringing on

                      record the legal heirs of deceased Appellant Nos. 2 and 7. Learned

                      counsel appearing for the Appellants submits that the Appellants No. 2

                      and 7 expired during Covid -19 period and during the pendency of the

                      Suit, they were not represented by Advocate which is one of the

                      ground taken in the First Appeal.

                      3.         Learned counsel for the Respondents submits that the death



                      Vishal Parekar                        1 of 2
                                                        44-ia-38418-2025.doc


certi8cate of Defendant No. 2 i.e. the Appellant No. 2 is not on record.

4.         Learned counsel for the Appellants seeks time to 8le additional

a9davit to place the death certi8cate on record.

5.         The additional a9davit to be 8led on or before 18 th February,

2026.

6.         Stand over to 24th February, 2026.



                                         [SHARMILA U. DESHMUKH, J.]




Vishal Parekar                       2 of 2

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