Bombay High Court

MR. RAJENDRA MAGANLAL YADAVversusMR VASHARAM MOHANBHAI PATEL SINCE DESDEASED TROUGH LEGAL HEIRS

Decided: 19 August 2026
Disposal: Allowed

Holding

The court permitted the legal representatives of the deceased respondent to be brought on record and condoned the delay in filing the application.

Summary

The appellants sought to challenge a decree in the first appellate court, but were unaware that Respondent No.1 had died on 24 August 2024. An interim application was filed to bring the legal heirs of the deceased respondent on record. The court examined whether the delay in seeking to set aside the abatement of the decree and in adding the legal representatives could be condoned. It held that, in the interest of substantive justice, the legal representatives may be added and the delay condoned. Accordingly, the court ordered amendment of the appeal memorandum, issuance of notice to the heirs, and set timelines for filing affidavits and rejoinders, disposing the interim applications.

Issues considered

Whether the legal heirs of a deceased respondent can be added to the appeal proceedings.
Whether the delay in seeking to set aside the abatement and to bring the legal representatives on record can be condoned.

Subjects

succession
legal heirs
abatement
condonation of delay
civil appellate jurisdiction
interim application

Judgment

                                                            21 sast 7690 of 2026.doc

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIVIL APPELLATE JURISDICTION
                   SECOND APPEAL (ST) NO.7690 OF 2026

Rajendra Maganlal Yadav and Ors.          ...  Appellants
     versus
Vasharam Mohanbhai Patel (deceased)
and Ors.                                  …    Respondents
                                 WITH
               INTERIM APPLICATION NO.5894 OF 2026
                                 WITH
               INTERIM APPLICATION NO.4881 OF 2026
                                 WITH
               INTERIM APPLICATION NO.4880 OF 2026
                                 WITH
               INTERIM APPLICATION NO.4879 OF 2026
                                 WITH
                   WRIT PETITION NO.8110 OF 2026

Mr. Shanay Shah i/by Mr. Piyush Todkar, for Appellants.
Mr. Hrushi Narvekar with Mr. Anuj Sawla i/by Trilegal, for Respondent No.1.

                    CORAM:      N.J.JAMADAR, J.
                    DATE :      19 AUGUST 2026
P.C.

        Interim Application No.5894 of 2026

1.      Not on board. Upon mentioning, taken on board.

2.      Heard the learned Counsel for the parties.

3.      This is an application to bring the legal heirs of Respondent No.1 on

record. The Respondent No.1 has passed away on 24 August 2024. In the

application, it is averred that the Appellants were not party to the proceedings

before the first Appellate Court and were unaware of the death of Respondent

No.1.


SSP                                                                 1/2
                                                                                      21 sast 7690 of 2026.doc

                      4.       For the reasons assigned in the Application and to advance the cause

                      of substantive justice, Interim Application stands allowed.

                      5.       Delay in seeking setting aside of the abatement and bringing the legal

                      representatives of Respondent No.1 stands condoned.

                      6.       Legal representatives of Respondent No.1 are permitted to be brought

                      on record.

                      7.       Necessary amendment be carried out in the Appeal memo as well as

                      the Interim Applications forthwith.

                      8.       Interim Application stands disposed.

                               Interim Application Nos.4879 of 2026 & 4881 of 2026

                      9.       Issue Notice notice to the legal representatives of Respondent No.1,

                      returnable on 16 September 2026.

                      10.      Mr. Narvekar, waives service on behalf of the legal representatives of

                      Respondent No.1.

                      11.      Learned Counsel for Respondent No.1 seeks time to file affidavits in

                      reply to the Interim Applications for condonation of delay in filing the Appeal

                      along with leave to file an appeal.

                      12.      Let the affidavits in reply on behalf of Respondent No.1 be filed within a

                      period of two weeks and copies thereof be served on the Appellants.

                      13.      Rejoinder, if any, be filed within a period of one week thereafter.

                                                                            ( N.J.JAMADAR, J. )

                      SSP                                                                     2/2



Signed by: S.S.Phadke
Designation: PS To Honourable Judge
Date: 20/08/2026 19:13:03

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