Shri. Jagannath Mahadeo Tejam Since Deceased) His Lh And Lrs.1.1.Mrs. Malati Jagannath Tejam And Or v. Shri. Anant M. Parvatkar (Since Deceased )

902(2) IA-10955-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 10955 OF 2025 IN WRIT PETITION NO. 3220 OF 1997 by HUSENBASHA RAHAMAN NADAF Date:

2025.10.01 19:49:04 +0530 HUSENBASHA RAHAMAN NADAF Shri. Jagannath Mahadeo Tejam (Since Deceased) through His legal heirs 1(a) Mrs. Malati Jagannath Tejam And Ors.

....Applicants V/s Shri. Anand Mukund Parvatkar (Since Deceased) through 1(a) Smt. Vaijayanti V. Parvatkar & Ors. ....Respondents **** Mr. Pankaj J. Tejam, Applicant No. 1(b) party-in-person, present. Mr. Dhananjayan Kadam i/b. Mr. V.s. Kapse, for Respondent. **** CORAM : M.M. SATHAYE, J.

DATE : 1st OCTOBER, 2025 P.C. :

1.

Heard Mr. Pankaj Jagannath Tejam, party-in-person, on behalf of the Applicants in the application. He has produced on record the letters written by the Advocate Mr. Muhammed Iftikhar Ali dated 07.07.2025 and 19.07.2025, where it is stated that for serious health issues, the Advocate will not be able to represent the Petitioners. A request is made to discharge the said Advocate. No objection is given for Applicant No. 1(b) to appear in person.

2.

Perused the application and its annexures. No reply is filed. 3.

The present application is filed by the proposed legal heirs of the deceased Petitioner No.1(a) Mrs. Malati Jagannath Tejam who is also Petitioner No.2. The copy of death certificate of Mrs. Malati Jagannath Tejam is produced on record which shows that date of the death is 09.06.2025 and application is filed on 05.07.2025 by Mr. Pankaj on the Husen

902(2) IA-10955-2025.doc basis of a Power of Attorney given by other Applicants (sisters Mrs. Jyoti @ Bhagyashri C. Kadam and Mrs. Varsha Anandrao Sambrekar) of which copy is produced along with the application.

4.

Mr. Pankaj states that he is prosecuting the petition for himself and on behalf of his sisters. Statement accepted. 5.

Considering the dates mentioned aforesaid, the application is filed in time. The names of Applicant No. 1(b) and his sisters are already on record as legal heirs of Jagannath Mahadeo Tejam. In view of the averments made in the application and nature of dispute, the application is allowed in terms of prayer clauses (a) & (b) only, for the time being. Applicants are permitted to bring names of Applicant No. 1(b), 1(c) and 1(d) as legal heirs of Petitioner No. 1(a) and Petitioner No. 2. It is clarified that this amendment is allowed without prejudice to rights and contentions of Applicant No.1(b) and his sisters inter se.

6.

Liberty to move separate application for prayer clause (c), which can be decided on joint application of Applicant No. 1(b) and his sisters. 7.

Necessary amendment be carried out within a period of 3 weeks from today. Amended copy be served on the other side. 8.

Interim application is disposed of in above terms. (M.M. SATHAYE, J.) Husen