Created by Fuzzy Cloud

Bombay High Court

VRINDA J. MISTRY SINCE DECD. THR. LRS AND ANR.versusSHOBHANA NAMDEO MISTRY AND ANR.

Decided
Disposal
Disposed Off

Holding

The court condoned the delay and allowed the interim application to record the legal heirs, subject to a cost order.

Summary

The petitioners, legal heirs of the deceased Mrs. Vrinda J. Mistry, filed an interim application to have their names recorded as parties in Writ Petition No. 4343 of 2005. The application was filed after a delay of 4,071 days, which the respondents contested on the ground that the petition had already abated and no justification for the delay was provided. The petitioners relied on paragraphs 13‑17 of their application and cited precedents where courts had condoned similar delays, notably Keshao s/o Kawadu Maral v. State of Maharashtra (2005) and Sardar Amarjit Singh Karla v. Pramod Gupta (2003). The bench, referencing these authorities, held that the delay could be condoned and allowed the interim application, subject to a cost order of Rs. 10,000 payable to the Kirtikar Law Library. The court also directed that the amendment to record the heirs be made within two weeks and listed the writ petition for final hearing on 29‑06‑2026.

Issues considered

  • Whether the delay of over ten years in filing an interim application to record legal heirs can be condoned.
  • Whether the writ petition is deemed abated due to the passage of time.
  • Whether the interim application should be allowed despite the delay.

Subjects

  • legal heirs
  • condonation of delay
  • interim application
  • abated petition
  • civil procedure
  • High Court of Bombay

Judgment

                                                                               50. IA 863-2026.doc


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO. 863 OF 2026
                                                      IN
                                         WRIT PETITION NO. 4343 OF 2005

                      Mrs. Vrinda J. Mistry (since deceased) through           ..Applicants
                      legal heirs

                                           Versus
ANAND
SUDHAKAR              Shobhana Namdeo Mistry (since deceased) through          ..Respondents
SUDAME
Digitally signed by
                      legal heir & ors.
ANAND SUDHAKAR
SUDAME
Date: 2026.05.04
19:06:21 +0530
                      Mr. Shailendra S. Kanetkar i/b. Mr. Mangesh D. Chavan a/w. Mr. R. M.
                      Gogte, Advocates, for the Applicants
                      Mr. Prashant Sarwankar, Advocate, for Respondent Nos. 1(a) to 1(d)

                                                CORAM : RAJESH S. PATIL, J.

                                                DATE       : 30.04.2026
                      P. C.

                                      INTERIM APPLICATION NO. 863 OF 2026

                      1.      The aforesaid Interim Application has been filed to bring on

                      record legal heirs of the deceased Petitioner No. 1. There is a delay of

                      4071 days in filing the present Interim Application.

                      2.      Mr. Sarwankar, learned Counsel for the Respondents has strongly

                      opposed this Application on the ground that the Petition has already

                      been abated and that there are no reasons in the Interim Application

                      for such huge delay in filing the present Interim Application.



                      Anand                            1 of 4
                                                         50. IA 863-2026.doc

3.       Mr. Kanetkar, learned Counsel for the Applicants submits that in

the Interim Application, reasons have been specifically mentioned in

para Nos. 13 to 17.

4.       The Division Bench of this Court in Keshao s/o. Kawadu Maral

and another Versus State of Maharashtra and others, reported in 2005

(1) MahLJ 1059, condoned the delay of six years in filing the

Application of bringing the legals heirs on record, relying on the

Supreme Court judgment of Sardar Amarjit Singh Karla (dead) by LRS.

and others Versus Pramod Gupta (Smt.) (dead) by LRS. and others,

reported in 2003 (3) SCC 272.

5.       Taking into consideration the above Judgments and for the

reasons stated in the Application, this Interim Application stands

allowed in terms of prayer clauses (a), (b) and (c) subject to payment

of costs of Rs. 10,000/- to be paid to the Kirtikar Law Library, High

Court, Bombay. Costs of Rs. 10,000/- to be within a period of two

weeks from today.

6.       Amendment to be carried out within a period of two weeks from

today.

                 INTERIM APPLICATION NO. 862 OF 2015

1.       Mentioned. Not on board. Taken on board.

2.       This Interim Application has been filed to bring on record legal


Anand                            2 of 4
                                                        50. IA 863-2026.doc

heirs of the deceased Respondent No. 1. There is a delay of 1418 days

in filing the present Interim Application.

3.      Mr. Sarwankar, learned Counsel for the Respondents has strongly

opposed this Application on the ground that the Petition has already

been abated and that there is no explanation given in the Interim

Application for such huge delay in filing the present Interim

Application.

4.      Mr. Kanetkar, learned Counsel for the Applicants submits that in

the Interim Application, reasons have been specifically mentioned in

para Nos. 10 to 13.

5.      The Division Bench of this Court in Keshao s/o. Kawadu Maral

and another Versus State of Maharashtra and others , reported in 2005

(1) MahLJ 1059, condoned the delay of six years in filing the

Application of bringing the legals heirs on record, relying on the

Supreme Court judgment of Sardar Amarjit Singh Karla (dead) by LRS.

and others Versus Pramod Gupta (Smt.) (dead) by LRS. and others,

reported in 2003 (3) SCC 272.

6.      Taking into consideration the above Judgments and for the

reasons stated in the Application, this Interim Application stands

allowed in terms of prayer clauses (a), (b) and (c) subject to payment

of costs of Rs. 10,000/- to be paid to the Kirtikar Law Library, High


Anand                           3 of 4
                                                          50. IA 863-2026.doc

Court, Bombay. Costs of Rs. 10,000/- to be within a period of two

weeks from today.

7.       Amendment to be carried out within a period of two weeks from

today.

8.       The Writ Petition be listed on 29.06.2026 under the caption

“For Final Hearing”.

9.       Parties are permitted to file a short synopsis, notes of argument

and the Judgments relied upon by them on or before 14.06.2026.



                                                    (RAJESH S. PATIL, J.)




Anand                            4 of 4


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.