Bombay High Court

AKBAR IBRAHIM SHAIKHversusDAGDU HASAN MULANI

Disposal: Allowed

Holding

The court allowed the interim application to bring the legal heirs of the deceased appellant on record.

Summary

The applicant filed an interim application seeking to have the legal heirs of the deceased appellant No.1‑D placed on the court record. The court was asked to recognize the heirs, already identified as appellant Nos.1‑E and 1‑F, as parties to the appeal. The applicant's counsel, Mohsin I. Khan with co‑counsel Pruthviraj Dagade and Viraj P. Dhumal, argued that the heirs should be added to the proceedings. The bench considered whether procedural rules permitted such an amendment at the appellate stage. Finding the submission satisfactory, the judge allowed the interim application in accordance with the prayer clauses. The order directed that the amendment be effected within three weeks.

Issues considered

Whether the legal heirs of a deceased appellant may be added to the record in an ongoing appeal

Subjects

interim application
legal heirs
amendment of parties
civil appellate jurisdiction
high court

Judgment

                                                       44-IA-734-2026 (C).docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                   CIVIL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 734 OF 2026
                                 IN
                   SECOND APPEAL NO. 401 OF 1994

Akbar Ibrahim Shaikh                            … Applicant
            V/s.
Dagdu Hasan Mulani                              … Respondent
Mr. Mohsin I. Khan a/w. Pruthviraj Dagade, Mr. Viraj P.
Dhumal, Advocate for Applicant.

                               CORAM      : RAJESH S. PATIL, J.

                               DATED      : SEPTEMBER 11, 2026
P.C.:


1.      This application is filed to bring on record the legal heirs of

deceased appellant No.1-D.


2.      It is submitted that the legal heirs of deceased appellant No.1-D

are already on record as appellant Nos.1-E and 1-F.


3.      In view of the submission made by the learned counsel for the

appellant, the Interim Application stands allowed in terms of prayer

clauses (a), (b) and (c).


4.      Amendment to be carried out within a period of three weeks.




                                                 (RAJESH S. PATIL, J.)




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