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Bombay High Court

VARAD L ULLALversusDOLONCHAMAPA AJAYKUMAR SEN

Decided
Disposal
Allowed

Holding

The interim application is allowed as it was filed within time, and the amendment may be made without re‑verification.

Summary

The applicant filed an interim application seeking to bring the legal heirs of a deceased sole appellant onto the record. The counsel for the applicant requested permission for this amendment, arguing that it was filed within the prescribed time. The court examined whether the application was timely and whether procedural requirements such as re‑verification were necessary. Finding that the application was indeed filed within the allowed period, the court permitted the amendment. It ordered that the amendment be effected within two weeks and dispensed with the need for re‑verification, and also listed the main appeal for hearing on 28 August 2026.

Issues considered

  • Whether an interim application seeking to add legal heirs of a deceased appellant is maintainable when filed within the prescribed time.
  • Whether re‑verification is required for such an amendment.

Subjects

  • interim application
  • amendment of parties
  • legal heirs
  • civil procedure
  • high court

Judgment

                                                                              19 IA-5595-2026.doc


                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION

                                         INTERIM APPLICATION NO. 5595 OF 2026
                                                          IN
                                              FIRST APPEAL NO. 66 OF 2022
                                                        WITH
                                              FIRST APPEAL NO. 66 OF 2022

SAIRAJ                Varad L Ullal                                           ...Applicant
SANJAY
KARANDE                         Versus
Digitally signed by
SAIRAJ SANJAY
KARANDE               Dolonchamapa Ajaykumar Sen and Others                   ...Respondents
Date: 2026.07.27
17:13:52 +0530


                                                     ——————
                      Mr. Kapil Shetye for Applicant.
                      Ms. Riddhi Dhamecha i/b Mr. Dhiren Shah for Respondent Nos. 1 and 2.
                                                     ——————

                                                  CORAM : SHARMILA U. DESHMUKH, J.
                                                  DATE    : 27th July, 2026


                      P. C. :

                      Interim Application No. 5595 of 2026 :

                      1.        Interim Application has been preferred seeking to bring legal

                      heirs of deceased-Appellant on record.

                      2.        Learned counsel appearing for Appellant seeks permission to

                      bring legal heirs on record of deceased sole Appellant.

                      3.        The Application is preferred within time and is therefore,

                      allowed.

                      4.        Amendment to be carried out within period of two weeks from


                      Sairaj                             1 of 2
                                                       19 IA-5595-2026.doc


today. Re-veri5cation is dispensed with.

First Appeal No. 66 of 2022 :

5.       List the First Appeal on 28th August, 2026.




                                        [SHARMILA U. DESHMUKH, J.]




Sairaj                              2 of 2


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