Bombay High Court

MOSES HANOK SHAPURKAR DECEASED THROUGH LRSversusSMT. SANGITA JANARDHAN CHEVALE

Decided: 28 August 2026
Disposal: Disposed Off

Holding

The court held that the amendment to bring on record the legal heirs may be permitted and allowed the interim application.

Summary

The appellants filed an interim application seeking permission to bring on record the legal heirs of respondents Nos.5, 7, 8, 10 and 11 in a second appeal. Counsel for the respondents informed the court that he had instructions to appear on behalf of those heirs. The learned judge considered the request and, relying on the counsel’s submission, allowed the amendment to be made within two weeks. The court consequently disposed of the interim application, granting the relief sought. The matter was then listed for a final hearing of the second appeal on 18 September 2026.

Issues considered

Whether the appellant may be permitted to amend the pleadings to include the legal heirs of respondents Nos.5, 7, 8, 10 and 11 at the interim stage.

Subjects

interim application
amendment of pleadings
legal heirs
civil appellate jurisdiction
procedure

Judgment

                       Priyanka                                          6-IA-4335-2026.docx


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION
                                      INTERIM APPLICATION NO.4335 OF 2026
                                                            IN
                                          SECOND APPEAL NO.415 OF 1998


                       Moses Hanok Shapurkar Deceased Thr. LRs                ...Applicants/Appellants
                                           V/s.

                       Sangita Janardhan Chevale & Ors                                    ...Respondents
          Digitally
          signed by
          PRIYANKA
                                                    ________________
PRIYANKA  MADHAVRAO
MADHAVRAO KALE
KALE      Date:
          2026.08.29
          18:17:52
                       Mr. Gauraj Shah a/w Mr. Haris Khan, Venkatesh B. & Ms. Jaya Shukla i/by
          +0530


                       Raymond Gadkar for the Applicants/Appellants.
                       Mr. Ojas Kocharkar for the Respondents.
                                                    ________________
                                                               CORAM: SANDEEP V. MARNE, J.
                                                               DATED: 28 AUGUST 2026.


                       P.C.:


                       1)          The Application is filed to bring on record legal heirs of
                       Respondent Nos.5, 7, 8, 10 and 11.


                       2)          Mr. Shah, the learned counsel submits that he has
                       instructions to appear on behalf of Respondent Nos.5, 7, 8, 10 and 11. In
                       that view of the matter, Interim Application is allowed by permitting the
                       Appellant to bring on record legal heirs of Respondent Nos.5, 7, 8, 10 and
                       11. Amendment to be carried out within a period of two weeks.

                                                        Page No.1 of 2
                                                       28 August 2026
Priyanka                                         6-IA-4335-2026.docx




3)         The Interim Application is disposed of.


4)         List the Second Appeal for final hearing on 18 September
2026 .


                                                [SANDEEP V. MARNE, J.]




                               Page No.2 of 2
                              28 August 2026

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