Bombay High Court
MOHAMMED YUNUS ASGARALI FAROOQUIversusHAIDERALI ASGARALI FAROOQUI SINCE DECEASED THR. LRS 1A) KAUSAR KAFEEL FAROOQUI AND ANR.
- Decided
- Disposal
- Disposed Off
Holding
The court held that the legal heirs of the sole respondent may be brought on record by amendment of the pleadings.
Summary
Two interim applications were filed in First Appeal No. 2289 of 2008 and First Appeal No. 2272 of 2008 seeking to bring the legal heirs of the sole deceased respondent on record. The respondents' counsel, Mr. Yash Dewal, indicated that he had instructions to appear on behalf of those heirs. The Court considered whether such amendment could be permitted at this advanced stage of the appeals. It held that allowing the heirs to be added would give the appellants a fair opportunity to prosecute the appeals on their merits. Consequently, the applications were allowed, the parties were directed to amend the pleadings within three weeks, and the appeals were listed for final hearing on 7 October 2026.
Issues considered
- Whether the legal heirs of a deceased respondent may be added as parties to pending appeals under the Civil Procedure Code
Subjects
- interim application
- amendment of parties
- legal heirs
- civil appellate jurisdiction
- procedural law
Judgment
Neeta Sawant 4-IA-6378 & 6377-2024.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 6378 OF 2024
IN
FIRST APPEAL NO. 2289 OF 2008
ALONGWITH
INTERIM APPLICATION NO. 6377 OF 2024
IN
FIRST APPEAL NO. 2272 OF 2008
Mohammed Yunus Asgarali Farooqui ….. Applicant/
Appellant
: Versus :
Haiderali Asgarali Farooqui, since deceased
through LRs 1a) Kausar Kafeel Farooqui
and anr. ….Respondents
Ms. Anita Bhaktawani i/b. Mr. Niranjan P. Shimpi, for the Applicant-
Appellant.
Mr. Yash Dewal with Mr. Ashwin Kulkarni i/b. Mr. Kailas Dewal, for the
Respondents.
CORAM : SANDEEP V. MARNE, J.
DATED : 3 SEPTEMBER 2026.
Digitally
signed by
NEETA
NEETA SHAILESH
SHAILESH SAWANT
SAWANT Date:
2026.09.05
10:53:18 _____________________________________________________________________________
+0530
PAGE NOS. 1 of 2
Thursday, 3 September 2026
Neeta Sawant 4-IA-6378 & 6377-2024.docx
P.C :
1) These Interim Applications are filed in First Appeal No.
2289 of 2008 and First Appeal No. 2272 of 2008 for bringing on record
legal heirs of the sole respondent.
2) Mr. Dewal, the learned counsel who used to represent the
Respondents fairly submits that he has instructions to appear on behalf
of legal heirs of the sole Respondent. In that view of the matter and with
a view to provide an opportunity to the Appellants to prosecute the
Appeal on merits, I deem it appropriate to allow the applications by
permitting legal heirs of the sole Respondent to be brought on record.
The applications are allowed. Amendments to be carried out within a
period of 3 weeks.
3) List the First Appeals for final hearing on 7 October 2026.
[SANDEEP V. MARNE, J.]
_____________________________________________________________________________
PAGE NOS. 2 of 2
Thursday, 3 September 2026
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