Bombay High Court

SHRI.RAMAVADH SUMARIN YADAV AND ORS.versusMAHARASHTRA HOUSING AND AREA DEVELOPMENT AUTHORITY AND ANR.

Decided: 30 April 2026
Disposal: Allowed
Bench: FARHAN PARVEZ DUBASH

Holding

The court held that, on satisfactory explanation, it may condone the delay and allow amendment to implead the heirs and legal representatives of deceased parties in the appeal.

Summary

The appellants sought to amend the First Appeal by impleading the heirs and legal representatives of deceased parties and requested condonation of substantial delays in filing the interim applications. The court examined four sets of interim applications (433/2019, 437/2019, 438/2019, 440/2019, and 1590/2024) and found the reasons for delay satisfactory. It allowed the condonation of delay and permitted the amendment to substitute the deceased parties with their heirs as respondents or appellants, subject to a deadline of 2 June 2026. The court directed that the amended appeal be served on the newly added parties and an affidavit of service filed. No costs were awarded, and the First Appeal was scheduled for hearing on 18 June 2026.

Issues considered

Whether the court may condone the delay of several years in filing interim applications seeking amendment.
Whether the heirs and legal representatives of deceased parties may be impleaded by amendment in the appeal.

Subjects

interim application
condonation of delay
impleadment
amendment of pleadings
civil procedure
High Court
heirs
succession

Judgment

7. IA 433-437.2019
Ramdev Yadav vs. MHADA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 433 OF 2019
IN
FIRST APPEAL NO. 915 OF 2001
WITH
INTERIM APPLICATION NO. 437 OF 2019
IN
FIRST APPEAL NO. 915 OF 2001
WITH
INTERIM APPLICATION NO. 438 OF 2019
IN
FIRST APPEAL NO. 915 OF 2001
WITH
INTERIM APPLICATION NO. 440 OF 2019
IN
FIRST APPEAL NO. 915 OF 2001

Ramavadh Sumarin Yadav and Ors. … Applicants/Appellants
V/s.
Maharashtra Housing and Area
Development Authority and Anr. … Respondents

WITH
INTERIM APPLICATION NO. 1590 OF 2024
IN
FIRST APPEAL NO. 915 OF 2001

Lalji Sitaram Yadav (deceased) through
LRs. Amrita wd/o. Lalji Yadav and Ors. … Applicants/Appellants
V/s.
Maharashtra Housing and Area
Development Authority and Anr. … Respondents

_______________________________________

Mr. Surya Das i/b. R.R. Sharma for the Applicants/Appellants
Ms. Kashvi Ail i/b. Rajesh Kachare for Respondents no.2
Ms. Rashmi S. Tendulkar, AGP for Respondent - State
_______________________________________
Page 1 of 6
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Order dated 30th April 2026
7. IA 433-437.2019
Ramdev Yadav vs. MHADA

CORAM : FARHAN P. DUBASH, J.

DATE : 30th APRIL 2026

P.C. :

INTERIM APPLICATION NOS. 433/2019 WITH 437/2019

1. Interim Application No. 433 of 2019 has been preferred by the

Applicant to implead the heirs and legal representatives of

Respondent no.2 who is stated to have passed away on 13 th

December 2013.

2. Interim Application No. 437 of 2019 has been filed by the Applicant

seeking condonation of delay of 5 years, 8 months and 25 days in

filing Interim Application No. 433 of 2019 and for bringing the

heirs and legal representatives of deceased Respondent no.2 on

record.

3. This Court has perused the contents of both the Interim

Applications and is satisfied with the reasons set out therein.

4. Considering this, in the fitness of things, Interim Application

No.437 of 2019 is allowed in terms of prayer clauses (a) and (b)

and Interim Application No. 433 of 2019 is also allowed in terms

of prayer clauses (a) and (b).

Page 2 of 6
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Order dated 30th April 2026
7. IA 433-437.2019
Ramdev Yadav vs. MHADA

5. The Appellants are permitted to carry out the amendment and

implead the proposed Respondents as Respondent nos. 2(a), 2(b)

and 2(c) in the First Appeal in place and stead of Respondent no.2.

This amendment shall be carried out, on or before 2 nd June 2026.

A copy of the amended First Appeal shall thereafter be served on

the newly added Respondents on or before the next date and an

Affidavit-of-Service to that effect shall also be filed.

6. Both the Interim Applications are disposed of in terms of the above

order with no order as to costs.

INTERIM APPLICATION NOS. 438/2019 WITH 440/2019

7. Interim Application No. 438 of 2019 has been preferred by the

Applicant for impleading the heirs and legal representatives of

Appellant no.2 who is stated to have passed away on 4 th January

2012.

8. Interim Application No.440 of 2019 has been filed by the Appellant

seeking condonation of delay of 7 years, 8 months and 25 days in

preferring Interim Application No.438 of 2019.

9. This Court has perused the contents of both the Interim

Applications and is satisfied with the reasons set out therein.

Page 3 of 6
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Order dated 30th April 2026
7. IA 433-437.2019
Ramdev Yadav vs. MHADA

10. Considering this, in the fitness of things, Interim Application

No.440 of 2019 is allowed in terms of prayer clauses (a) and

Interim Application No. 438 of 2019 is allowed in terms of prayer

clauses (a) and (b).

11. The Appellants are permitted to carry out the amendment and

substitute the proposed Appellants as Appellant nos. 2(a) and 2(b)

in the First Appeal in place and stead of Appellant no.2. This

amendment shall be carried out, on or before 2 nd June 2026. A

copy of the amended First Appeal shall thereafter be served on the

newly added Respondents on or before the next date and an

Affidavit-of-Service to that effect shall also be filed.

12. Both the Interim Applications are disposed of in terms of the above

order with no order as to costs.

INTERIM APPLICATION NOS. 1590/2024

13. Interim Application No.1590 of 2024 has been preferred by the

Applicant for bringing the heirs and legal representative of

Appellant no.3 who has passed away on 14 th September 2021 and

for condonation of delay of 992 days in preferring the said Interim

Application.

Page 4 of 6
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Order dated 30th April 2026
7. IA 433-437.2019
Ramdev Yadav vs. MHADA

14. This Court has perused the contents of the Interim Application and

is satisfied with the reasons set out therein.

15. Considering this, in the fitness of things, Interim Application

No.1590 of 2024 is allowed in terms of prayer clauses (a), (b) and

(c).

16. The Appellants are permitted to carry out the amendment and

substitute the proposed Appellants as Appellant nos. 3(a), 3(b) and

3(c) in the First Appeal in place and stead of Appellant no.3. This

amendment shall be carried out, on or before 2 nd June 2026. A

copy of the amended First Appeal shall thereafter be served on the

newly added Respondents on or before the next date and an

Affidavit-of-Service to that effect shall also be filed.

17. The Interim Application is disposed of in terms of the above order

with no order as to costs.

18. Place the First Appeal on 18th June 2026.

( FARHAN P. DUBASH, J. )

Jyoti Pawar

Digitally signed
JYOTI by JYOTI
PRAKASH
PRAKASH PAWAR
PAWAR Date: 2026.05.04
19:45:08 +0530

Page 5 of 6
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Order dated 30th April 2026
7. IA 433-437.2019
Ramdev Yadav vs. MHADA

Page 6 of 6
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Order dated 30th April 2026

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