Bombay High Court
VILAS YESHWANT NAKHAREKARversusVALLABH PARMAR
- Decided
- Disposal
- Allowed
- Bench
- RAJESH S PATIL
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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