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Bombay High Court

VASIMUDDIN WAHAJUDDINversusHaji Abubaker Haji Issa

Decided
Disposal
Disposed Off

Holding

The court held that the interim application was filed within time and therefore allowed it.

Summary

The applicants filed an interim application seeking to record the names of the heirs and legal representative of a deceased applicant. The counsel argued that the application was filed within the prescribed time limit. The court examined whether the timing requirement was satisfied and whether the application could be entertained. Finding the application to be timely, the court allowed it as per the prayer clause. The court directed that the amendment of the names be completed within three weeks and that the related civil application be heard together with the pending civil revision. It also ordered the removal of the matter from the daily board and its inclusion in the weekly final hearing board.

Issues considered

  • Whether the interim application to record heirs and legal representative was filed within the prescribed time limit
  • Whether the court should allow the amendment of the names of heirs and legal representative

Subjects

  • interim application
  • heirs
  • legal representative
  • civil revision
  • procedure
  • court order

Judgment

                                                                       68-cra-205-2014-ia-6977-2026.doc




                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           varsha
                                          CIVIL APPELLATE JURISDICTION
                             CIVIL REVISION APPLICATION NO. 205 OF 2014
                                                        WITH
                                   INTERIM APPLICATION NO. 6977 OF 2026
                                                        WITH
                                         CIVIL APPLICATION NO. 122 OF 2017
                     Vasimuddin Wahajuddin(since deceased thr                   … Applicants
                     Lrs)
                                   vs.
                     Haji Abubaker Haji Issa and Ors                            … Respondents


                     Mr. Surya Das a/w. Prateek Kharwar i/b. R.R. Sharma                         for the
                     Applicants.
                     Ms. Namita Shirke i/b. Mr. Jaydeep Thakkar for Respondent Nos.
                     3(a) to 3(c) and 3(e).
        Digitally
        signed by
        VARSHA
VARSHA VIJAY
                                                       CORAM : GAURI GODSE, J.
VIJAY   RAJGURU
RAJGURU Date:
        2026.09.16
        14:10:59
                                                        DATED : 11th SEPTEMBER 2026
        +0530




                     ORDER:

                     INTERIM APPLICATION NO. 6977 OF 2026.

                     1.    This application is to bring on record the names of heirs and

                     legal representative of deceased applicant no. 1(b). Learned

                     counsel for the applicant submits that the application is within time.

                     2.    The application is allowed in terms of prayer clause(a).


                                                     Page no. 1 of 2
                                                68-cra-205-2014-ia-6977-2026.doc



3.    Amendment to be carried out within three weeks.

4.    Civil Application No. 122 of 2017 to be heard along with the

civil revision application. The civil revision application is already

admitted.

5.    Remove from the daily board.

6.    Office shall add the civil revision application to the weekly

final hearing board as per its turn.




                                                         (GAURI GODSE, J.)




                              Page no. 2 of 2


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