Vrinda J. Mistry Since Decd. Thr. Lrs And ANR. v. Shobhana Namdeo Mistry And ANR.
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 SUDAME Shobhana Namdeo Mistry (since deceased) through ..Respondents 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.
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
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
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.)