Bombay High Court

SHRI. ARVIND ANANT THAKURversusMALTI MADHAV THAKUR AND ORS.

Decided: 19 August 2026
Disposal: Allowed

Holding

The court held that the interim application to substitute the legal representatives of the deceased appellant is maintainable and the appeal memorandum may be amended accordingly.

Summary

The appellant Arvind Anant Thakur had died on 2 October 2019, and his legal representatives filed an interim application to be substituted in the pending second appeal. The application was filed within the prescribed limitation period. The court examined whether the substitution of the deceased appellant's representatives could be permitted and whether the appeal memorandum could be amended accordingly. Finding that the application complied with procedural requirements, the court allowed the prayer to substitute the legal representatives. Consequently, the court directed that the appeal memorandum be amended and served on the respondents within one week, and scheduled the final hearing of the second appeal for 16 September 2016.

Issues considered

Whether an interim application to substitute the legal representatives of a deceased appellant is maintainable within the limitation period
Whether the appeal memorandum may be amended to reflect the substitution of parties

Subjects

substitution of parties
deceased appellant
interim relief
amendment of pleadings
limitation period
civil appellate jurisdiction

Judgment

                                                                                   23-IA-4156-2019.DOC




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION
                                      INTERIM APPLICATION NO. 4156 OF 2019
                                                           IN
                                         SECOND APPEAL NO. 752 OF 2003


                      Arvind Anant Thakur                                              ..Applicant
                            Versus
                      Malti Madhav Thakur                                          …Respondent

                      Adv Aarya Alavani, i/b Rohit Joshi, for the Applicant/Appellant.
                      Mr. S.N. Chandrachud, with A.V. Pitre, for Respondent Nos. 1 & 5.

                                                      CORAM:          N. J. JAMADAR, J.
                                                      DATE :          19th AUGUST 2026


                      P.C.:

                      INTERIM APPLICATION NO. 4156 OF 2019:

ARUN
                      1.      Heard the learned Counsel for the parties.
RAMCHANDRA
SANKPAL


Digitally signed by
ARUN
RAMCHANDRA
                      2.      This is an Application to bring the legal representatives of the
SANKPAL
Date: 2026.08.21
09:18:17 +0530

                      Appellant who passed away on 2nd October 2019. The Application is

                      preferred within the stipulated period of limitation.

                      3.      Thus the Application stands allowed in terms of prayer clause (a).

                      4.      Necessary amendment be carried out in the Appeal Memo and

                      the amended copy of the Appeal Memo be served on the Respondents

                      within a period of one weeks.

                      5.      Application disposed.
                      ARS                                       1/2
                                                      23-IA-4156-2019.DOC

6.    Post the Second Appeal for final hearing on 16th September 2016.



                                          [N. J. JAMADAR, J.]




ARS                                 2/2

Continue reading with your account

Checking your session…