Bombay High Court

SHRI. JITESH LALIT JAINversusM/S. TIRUMA SHEETAL CHAYA DEVELOPERS THROUGH ITS PARTNER 1 SHRI.RAJENDRA JAWANMAL GANDHI AND ANR.

Decided: 17 August 2026
Disposal: Allowed

Holding

The application is allowed, permitting the legal heirs of the deceased original appellant to be brought on record in the appeal.

Summary

In an interim application filed in Appeal No. 801 of 2023, the applicant sought to bring the legal heirs of Original Appellant No.1 onto the record after her death on 13 January 2026. The court heard counsel for both sides; the respondent had no objection. The judges held that the heirs could be added as parties in accordance with the schedule in Exhibit B. Accordingly, the application was allowed, the heirs were permitted to be recorded, and leave was granted to amend the appeal memorandum within three weeks. The application was then disposed of.

Issues considered

Whether the legal heirs of a deceased original appellant may be added to the appeal record under the procedural rules.

Subjects

legal heirs
amendment of appeal
procedural law
civil appellate jurisdiction
death of party

Judgment

                       supriya                                                    13-IA-5071-2026


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO. 5071 OF 2026
                                                     IN
SUPRIYA                                 FIRST APPEAL NO. 801 OF 2023
PRAMOD
JAWARE
Digitally signed by
SUPRIYA
PRAMOD JAWARE
                      Shri. Jitesh Lalit Jain                                ..Applicant
Date: 2026.08.19
14:46:34 +0530




                      IN THE MATTER BETWEEN

                      Smt. Manjula Nihalchand Jain & Ors.                    ..Appellants
                           Versus
                      M/S. Tiruma Sheetal Chaya
                      Developers & Anr.                                      ..Respondents
                                                __________

                      Mr. Pankaj Uttaradhi i/by Ms. Sabeena Mahadik for the Applicant.
                      Mr. Rohan Mirpury for Respondents.
                                                 __________

                                          CORAM : SARANG V. KOTWAL &
                                                  RANJITSINHA RAJA BHONSALE, JJ.

                                          DATE    : 17 AUGUST 2026
                      PC :

                      1.           This is an Application in the pending Appeal for bringing

                      the legal heirs of the Original Appellant No.1 on record.


                      2.           Heard, Mr. Pankaj Uttaradhi for the Applicant and Mr.

                      Rohan Mirpury for the Respondents.


                      3.           Learned Counsel for the Applicant states that, the

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                                                         13-IA-5071-2026


Original Appellant No.1 passed away on 13 th January 2026 and it

is necessary to bring her heirs on record as per the Schedule at

Exhibit B.


4.           Learned Counsel for the Respondents has no objection.


5.           Hence, the following Order:-

                                ORDER

     (i) The Application is allowed.


     (ii) The legal heirs of the Original Appellant No.1, as

         mentioned in the Schedule at Exhibit B, are permitted

         to be brought on record in the Appeal.


     (iii) The necessary amendment in the Appeal Memo be

         carried out. Leave to amend for that purpose is

         granted. Amendment be carried out within a period of

         three weeks from today.


     (iv) The Application is disposed of.



(RANJITSINHA RAJA BHONSALE, J.)             (SARANG V. KOTWAL, J.)




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