Chirag Shashikant Shah And ORS v. Evelyn P Pereira Since Dec Thr Her Legal Heirs And ORS

902.IA.9329.2025.DOC ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION ANANT KRISHNA NAIK Date: 2026.02.20 14:52:53 +0530 INTERIM APPLICATION NO.9329 OF 2025 IN WRIT PETITION NO.3702 OF 2005 Chirag Shashikant Shah & Ors.

... Applicants

IN THE MATTER BETWEEN

Mrs. Evelyn Paul Pereira (since deceased) through heirs & Ors ... Petitioners Vs.

State of Maharashtra & Ors.

... Respondents _______ Mr. Kailas Dewal a/w. Mr. Yash Dewal for Applicants. Mr. O. A. Chandurkar, Additional GP a/w. Smt. G. R. Raghuwanshi, AGP for Respondent-State.

Mr. Niranjan Shimpi for the Respondent No. 7-MTNL _______

CORAM:

MANISH PITALE & SHREERAM V. SHIRSAT, JJ.

DATE:

20th FEBRUARY 2026 P.C.

1.

Heard learned Counsel for the parties.

2.

By this Application, the Applicants are seeking permission for their names to be substituted in place of the Original Petitioners and in that context to carry out necessary amendments.

3.

While pressing for reliefs in terms of the said prayer, the Applicants have placed reliance on a Registered Deed of Transfer of Actionable Claim executed by the Original Petitioners in favour of the Applicants. Akn

902.IA.9329.2025.DOC 4.

Learned Counsel for the Applicants invited attention of this Court to the contents of the said document, which inter alia specifically refer to this very Writ Petition as one of the proceedings that can be pursued by the Applicants in the light of execution of the said Registered Deed of Transfer of Actionable Claim.

5.

Although the learned AGP appearing for the State authorities and the learned Counsel appearing for the Mahanagar Telephone Nigam Limited (MTNL) have raised certain objections to the prayer in the Application being granted, considering the contents of the said Registered Deed of Transfer of Actionable Claim, we are of the opinion that there cannot be any impediment in allowing the Application, so that the Applicants are substituted in place of the Original Petitioners and they can pursue the Petition on its own merits.

6.

The Application is allowed in terms of prayer Clause (a). 7.

The consequential amendments shall be carried out within two weeks from today.

(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) Akn