Kiran M. Mehta And Another v. Mansukhlal T. Vasa And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 951 OF 2024 IN APPEAL FROM ORDER (St.) NO. 31126 of 2023 Kiran M. Mehta and Anr.

... Applicants/Appellants V/s.

Mansukhlal T. Vasa and Anr.

... Respondents _______________________________________ Mr. Atit Shukla i/b. Nitin Shukla for the Applicants/Appellants None for Respondents _______________________________________ CORAM : FARHAN P. DUBASH, J.

DATE : 6th MARCH 2026 P.C. :

1.

Mr. Shukla, learned Counsel who appears on behalf of the Appellants states that the Respondents have been served with a copy of the Interim Application No.951 of 2024 and the Interim Application (St.) No.31048 of 2024. He tenders a copy of the letter dated 5th March 2025 addressed by his Advocate to the Advocate of the Respondents which bears his endorsement. He states that an Affidavit-of-Service to that effect shall also be filed by tomorrow.

INTERIM APPLICATION NO. 951 OF 2024 2.

This Interim Application seeks condonation of 28 days delay in filing the captioned Appeal. Upon perusal of its contents, this Court is satisfied with the reasons set out therein and accordingly, the same is required to be allowed and the following order is passed :- : ORDER :

(i) Delay of 28 days in filing the Appeal is hereby condoned and the Appellant is directed to remove the Office Objections and get the captioned Appeal numbered on or before 18th March 2026.

(ii) The present Interim Application is disposed of in terms of the above order with no order as to costs.

INTERIM APPLICATION (St.) NO. 31048 OF 2024 3.

This Interim Application seeks to implead the heirs and legal representatives of Original Appellant no.1, who is stated to have passed away on 24th July 2024. Upon perusal of its contents, this Court is satisfied that this Interim Application is required to be allowed and accordingly, the following order is passed :-

: ORDER :

(i) The Applicant is permitted to carry out the amendment as set out in the schedule of amendment annexed to the present Interim Application. This amendment shall be carried out in the Appeal as also in the pending Interim Application that is preferred therein.

(ii) This amendment shall be carried out on or before 18th March 2026 and a copy of the amended Appeal and Interim Application shall thereafter be served on the Respondents on or before 27th March 2026.

(iii) The present Interim Application is disposed of with no order as to costs.

( FARHAN P. DUBASH, J. ) Jyoti Pawar