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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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