Bombay High Court
MRS. ISHRAT WD/O MOHAMMED YUNUS FAROOQUI AND ORS.versusHAIDERALI ASGARALI FAQOOQUI SINCE DECEASED THR LRS 1.1 KAUSAR KAFEEL FAROOQUI
- Decided
- Disposal
- Disposed Off
Holding
Legal heirs of the deceased appellant may be brought on record by amendment within three weeks.
Summary
The appellant, Mohammed Yunus Asgarali Farooqui, filed two interim applications in First Appeal Nos. 2289 of 2008 and 2272 of 2008 seeking to bring the legal heirs of the deceased appellant on record. The applications were supported by counsel Ms. Anita Bhaktawani and Mr. Niranjan P. Shimpi, while the respondents were represented by Mr. Yash Dewal, Mr. Ashwin Kulkarni and Mr. Kailas Dewal. The Court considered whether procedural rules permit the addition of legal heirs after the filing of an appeal. It held that, to enable the heirs to prosecute the appeals on merits, the applications should be allowed. Consequently, the Court permitted the legal heirs to be added, directing that the necessary amendments be filed within three weeks and listing the appeals for final hearing on 7 October 2026.
Issues considered
- Whether the legal heirs of a deceased appellant can be added to the record of an appeal through an interim application
Subjects
- interim application
- amendment of parties
- legal heirs
- civil appellate jurisdiction
- procedural law
Judgment
Neeta Sawant 4-IA-4821 & (ST)-19438-2026.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 4821 OF 2026
IN
FIRST APPEAL NO. 2289 OF 2008
ALONGWITH
INTERIM APPLICATION (ST.) NO. 19438 OF 2024
IN
FIRST APPEAL NO. 2272 OF 2008
Mohammed Yunus Asgarali Farooqui ….. Applicant/
Appellant
: Versus :
Haiderali Asgarali Farooqui, since deceased
through LRs 1a) Kausar Kafeel Farooqui
and Ors. ….Respondents
Ms. Anita Bhaktawani i/b. Mr. Niranjan P. Shimpi, for the Applicant-
Appellant.
Mr. Yash Dewal with Mr. Ashwin Kulkarni i/b. Mr. Kailas Dewal, for the
Respondents.
CORAM : SANDEEP V. MARNE, J.
DATED : 3 SEPTEMBER 2026.
Digitally
signed by
NEETA
NEETA SHAILESH
SHAILESH SAWANT
SAWANT Date:
2026.09.05
10:53:17 _____________________________________________________________________________
+0530
PAGE NOS. 1 of 2
Thursday, 3 September 2026
Neeta Sawant 4-IA-4821 & (ST)-19438-2026.docx
P.C :
1) These Interim Applications are filed in the First Appeal No.
2289 of 2008 and First Appeal No. 2272 of 2008 for bringing on record
legal heirs of the deceased Appellant.
2) For the reasons indicated in the applications and with a view
to provide an opportunity to the legal heirs to prosecute the Appeals on
merits, I deem it appropriate to allow the applications. Accordingly, legal
heirs of the deceased Appellant are permitted to be brought on record.
Amendments to be carried out within a period of 3 weeks.
3) List the First Appeals for final hearing on 7 October 2026.
[SANDEEP V. MARNE, J.]
_____________________________________________________________________________
PAGE NOS. 2 of 2
Thursday, 3 September 2026
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