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Bombay High Court

VILAS YESHWANT NAKHAREKARversusVALLABH PARMAR

Decided
Disposal
Allowed

Holding

The Court held that the interim applications seeking addition of a new trustee and the legal heirs of the deceased respondent are allowed.

Summary

In a writ petition (No. 4942 of 2002) before the Bombay High Court, the petitioners sought relief against the respondent. Two interim applications were filed: one to record a new trustee after the death of the previous trustee, and another to record the legal heirs of a deceased respondent. The newly added respondents (the proposed trustee and heirs) were present and did not object to the applications. After hearing counsel, the Court found a case was made out and allowed both interim applications, directing that the necessary amendments be made within two weeks. The Court also listed the main petition for a final hearing on 7 July 2026 and directed both parties to file a compilation of documents and legal submissions within two weeks.

Issues considered

  • Whether a new trustee can be added to the trust after the death of the previous trustee
  • Whether the legal heirs of a deceased respondent can be added as parties to the proceedings

Subjects

  • trust law
  • succession
  • interim relief
  • amendment of parties
  • writ petition

Judgment

                                                     38. WP 4942-2002.doc

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                    WRIT PETITION NO. 4942 OF 2002

Ramakant Yeshwant Nakharekar & anr.                    ..Petitioners

        Versus

Vallabh Parmar                                         ..Respondent

                                WITH
                 INTERIM APPLICATION NO. 4202 OF 2026
                                  IN
                    WRIT PETITION NO. 4942 OF 2002

Vilas Yeshwant Nakharekar                              ..Applicant

IN THE MATTER BETWEEN

Ramakant Yeshwant Nakharekar & anr.                    ..Petitioners
     Versus
Vallabh Parmar                                         ..Respondent
      And
Prakalpa Vilas Nakharekar                              ..Proposed
                                                         Petitioner

                                WITH
                 INTERIM APPLICATION NO. 4204 OF 2026
                                  IN
                    WRIT PETITION NO. 4942 OF 2002

Vilas Yeshwant Nakharekar                              ..Applicant

IN THE MATTER BETWEEN

Ramakant Yeshwant Nakharekar & anr.                    ..Petitioners
     Versus
Vallabh Parmar                                         ..Respondent
     And
Kirtimala Vallabh Parmar & ors.                        ..Proposed
                                                         Respondents

Anand                          1 of 3
                                                          38. WP 4942-2002.doc


Ms. Sayali Apte i/b. Mr. P. G. Lad, Advocates, for the Petitioners
Mr. Sagar Batavia i/b. Mr. L. M. Acharya, Advocates, for the
Respondent
Ms. Kirtimala Vallabh Parmar, Respondent No. 1(a) present
Mr. Kaustubh Vallabh Parmar, Respondent No. 1(d) present

                            CORAM : RAJESH S. PATIL, J.

                            DATE       : 17.06.2026
P. C.

                 INTERIM APPLICATION NO. 4202 OF 2026

1.       This Interim Application is filed to bring on record a new trustee

of the trust and delete name of the old trustee, who has died.

2.       Newly added Respondent Nos. 1(a) & 1(d) are present in Court.

They have no objection, if the Interim Application is allowed.

3.       I have heard learned Counsel for the respective parties and I

have also gone through the contents of the Interim Application.

4.       I am satisfied that a case is made out to allow the Interim

Application.

5.       The Interim Application stands allowed in terms of prayer

clauses (a) & (b).

6.       Amendment to be carried out within a period of two weeks from

today.

                 INTERIM APPLICATION NO. 4204 OF 2026

1.       This Interim Application is filed to bring on record legal heirs of


Anand                              2 of 3
                                                         38. WP 4942-2002.doc

the deceased Respondent.

2.       Newly added Respondent Nos. 1(a) & 1(d) are present in Court.

They have no objection, if the Interim Application is allowed.

3.       I have heard learned Counsel for the respective parties and I

have also gone through the contents of the Interim Application.

4.       I am satisfied that a case is made out to allow the Interim

Application.

5.       The Interim Application stands allowed in terms of prayer

clauses (a) & (b).

6.       Amendment to be carried out within a period of two weeks from

today.

                     WRIT PETITION NO. 4942 OF 2002

1.       The aforesaid Petition be listed on 07.07.2026 under the caption

“For Final Hearing”.

2.       Both the parties to file a compilation of document, short synopsis

along with their preposition of law and authorities relied upon by them

within two weeks from today.



                                                     (RAJESH S. PATIL, J.)




Anand                             3 of 3


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