Bombay High Court

PRATYUSH CHOUDHARY AND ANRversusUTILITY PREMISES PRIVATE LIMITED.AND ORS.

Decided: 7 September 2026
Disposal: Disposed Off

Holding

The Court allowed the interim application for impleadment of the appellant's legal heirs.

Summary

The appellant, Mr. A. K. Choudhary, died during the pendency of First Appeal No. 548 of 2013. An interim application was filed seeking the impleadment of his legal heirs. No opposition was filed against the application. The Court, finding no impediment, allowed the interim application, directing that an amended copy be served on all parties and that the amendment be effected within two weeks. The matter was ordered to stand over for further hearing on 5 October 2026.

Issues considered

Whether the legal heirs of the deceased appellant may be impleaded in the pending appeal

Subjects

impleadment
interim application
succession
civil procedure
appeal

Judgment

          Digitally
          signed by
                                                                 1/2                34-FA-548-2013 (C).DOC
          VAIBHAV
VAIBHAV   NAMDEV
NAMDEV    BARE
BARE      Date:
          2026.09.08
          17:38:25
          +0530




                                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION


                                                   FIRST APPEAL NO. 548 OF 2013
                       Mr. A. K. Choudhary                                                   ...Appellant
                                 Versus
                       Utility Premises Private Limited And Ors.                             ...Respondents
                                                                WITH
                                               CIVIL APPLICATION NO. 1992 OF 2013
                                                                WITH
                                             INTERIM APPLICATION NO. 5302 OF 2026
                                                                 IN
                                                   FIRST APPEAL NO. 548 OF 2013
                                                              _______
                       Mr. Jaineel Vashi i/b M. P. Vashi & Associates, for the Appellant.
                       Mr. Chetan Agrawal a/w Mr. Rushikesh B. i/b Gargi Bhatkar, for Respondent
                       No.2.
                                                              _______


                                                                       CORAM : ARIF S. DOCTOR, J.
                                                                       DATE    : 7th SEPTEMBER, 2026


                       P.C.
                       1.        The Interim Application seeks impleadment of the legal heirs of the

                       Appellant, who has passed away. There is no opposition to this Interim

                       Application being allowed.

                       2.        Accordingly, the Interim Application is allowed in terms of prayer clauses

                       (a) to (c).

                       3.        Amendment to be carried out within a period of two weeks from today.

                       Re-verification is dispensed with.



                       Vaibhav
                                            2/2         34-FA-548-2013 (C).DOC



4.        Let an amended copy of the application be served upon all concerned

parties.

5.        Stand over to 5th October 2026.




                                                          [ARIF S. DOCTOR, J.]




Vaibhav

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