Bombay High Court
RADHABAI K. SARVANKAR (SINCE DECEASED THR LRS LR APPLICATION NO 2) AND ORSversusMERJI K.CHINOY AND ORS.
- Decided
- Disposal
- Allowed
Holding
Both interim applications were allowed, with the Court ordering the respective amendments to be made within three weeks.
Summary
The High Court considered two interim applications filed in First Appeal No. 260 of 2003. The first application sought to record appellant No.1 as deceased, relying on the heir and legal representative already appearing as appellant No.2. The Court, finding no material prejudice, condoned any delay and allowed the application, directing that the amendment be effected within three weeks. The second application requested substitution of trustees following the death of an existing trustee, supported by an email from the trustees' advocate. The Court allowed this application as well, ordering the substitution to be effected within three weeks and directing service of notice to the newly added respondents. After the amendments, the Court directed issuance of the admission notice and service of copies to the respondents.
Issues considered
- Whether the death of appellant No.1 can be established through the heir/legal representative already on record.
- Whether the Court may permit amendment to substitute trustees based on an email notice of death.
- Whether any delay in filing the interim applications warrants condonation.
Subjects
- interim application
- death of appellant
- substitution of trustees
- amendment
- procedural order
- high court
Judgment
10-ia-63-2026-fa-260-2003.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
varsha
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 63 OF 2026
WITH
INTERIM APPLICATION NO. 5847 OF 2026
IN
FIRST APPEAL NO. 260 OF 2003
Smt. Radhabai K. Sarvankar and Ors … Applicants/Appellants
vs.
Merzi K. Chinoy and Ors … Respondents
Ms. Archana Gaware i/b. V.Y. Sanglikar for the Applicants.
Mr. Rupesh Geete a/w. Mr. Avesh Ganja i/b. Satyaki Law Associates
for Respondent No.1.
CORAM : GAURI GODSE, J.
Digitally
signed by
DATED : 24th SEPTEMBER 2026
VARSHA
VARSHA VIJAY
VIJAY RAJGURU
RAJGURU Date:
2026.09.24
17:33:39
+0530
ORDER:
INTERIM APPLICATION NO. 63 OF 2026
1. This application is for showing appellant no.1 as deceased
through the heir and legal representative who is already on record in
a different capacity as appellant no.2.
2. In the facts and circumstances of the case delay, if any, is
condoned and the application is allowed in terms of prayer clauses
(a) and (b).
Page no. 1 of 2
10-ia-63-2026-fa-260-2003.doc
3. Amendment to be carried out within three weeks.
INTERIM APPLICATION NO. 5847 OF 2026
4. This application is for substituting the names of new trustees
in place of old trustees. Learned counsel for the applicant relies
upon the e-mail received from the advocate for the trustees
intimating the death of the existing trustee and the appointment of
new trustees. The printout of the e-mail is annexed to the
application.
5. For the reasons stated in the application, it is allowed in terms
of prayer clause(a).
6. Amendment to be carried out within three weeks.
7. After the amendment is carried out, office shall issue notice of
the admission of the first appeal, to the added respondents.
8. In addition to the court notice, learned advocate for the
applicants shall serve the respondents, by private notice and file
affidavit of service before the next date.
9. Learned advocate for the applicants shall ensure that the
copies are supplied and court notice is issued to respondents by
taking humdast.
(GAURI GODSE, J.)
Page no. 2 of 2
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