← Library
Bombay High CourtIA/4378/2025disposed off

Radheshyam Shukla v. Panom Developers Llp And 17 ORS.

2026-02-26Hon'Ble Shri Justice Sandeep V. Marne5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 4378 of 2025 WITH INTERIM APPLICATION NO. 4392 of 2025 WITH CHAMBER SUMMONS NO. 28 OF 2020 IN SUIT NO. 584 OF 2018 Radheshyam Shukla ... Applicant In the matter between Radheshyam Shukla ... Plaintiff V/s.

Panom Developers LLP & Ors.

... Respondents _______________________________________ AMOL PREMNATH JADHAV Mr. Dhananjay R. Nirgude, h/f for Ms. Vandana, for the Applicants. Mr. Siddharth Singh, i/b, Mr. A. M. Saraogi for the Defendant nos. 6 to 8. _______________________________________ AMOL PREMNATH JADHAV Date: 2026.03.05 20:58:49 +0530 CORAM : FARHAN P. DUBASH, J.

DATE :

26th FEBRUARY 2026 P.C.:

INTERIM APPLICATION NO. 4392 of 2025 The present Interim Application has been taken out by the Applicant/Plaintiff seeking leave to amend the Plaint and bring on record the heirs and legal representatives of Defendant no. 6, who is stated to have passed away on 22nd April 2022. Mr. Siddharth Singh, learned Counsel who

appears on behalf of Defendant nos. 6 to 8 states that he has no objection to the present Interim Application being allowed. Considering the averments made in the present Interim Application, the same is required to be allowed. Accordingly, the following order is passed:- Delay of 124 days in taking out the present Interim Application is condoned and the Applicant/Plaintiff is permitted to amend the Plaint in terms of the Schedule of draft amendment that is annexed to this Interim Application. Such amendment shall be carried out on or before 12th March 2026. A copy of the amended Plaint shall thereafter be served on all the Defendants including the newly added Defendants and an Affidavit-of-Service to that effect shall be filed on or before 18th March 2026. Interim Application no. 4392 of 2025 is disposed of in terms of the above order with no order as to costs.

INTERIM APPLICATION NO. 4378 of 2025 The present Interim Application has been taken out by the Applicant/Plaintiff seeking leave to amend the Plaint and bring on record the heirs and legal representatives of Defendant no.17, who is stated to have passed away on 4th February 2024.

Considering the averments made in the present Interim Application, the same is required to be allowed. Accordingly, the following order is passed:- Delay of 359 days in taking out the present Interim Application is hereby condoned and the Plaintiff is permitted to amend the Plaint in terms of the Schedule of draft amendment that is annexed to this Interim Application. Such amendment shall be carried out on or before 12th March 2026. A copy of the amended Plaint shall thereafter be served on all the Defendants including the newly added Defendants and an Affidavit-of-Service to that effect shall be filed on or before 18th March 2026.

Interim Application no. 4378 of 2025 is disposed of in terms of the above order with no order as to costs. CHAMBER SUMMONS NO. 28 of 2020 The present Chamber Summons has been taken out by the Applicant/Plaintiff seeking leave to amend the Plaint and to bring on record the heirs and legal representatives of Defendant no.12, who is stated to have passed away on 16th October 2017. For all the reasons set out in the Affidavit-In-Support annexed to the Chamber Summons, this Court is satisfied that the same is required to be allowed and the delay for preferring it is required to be condoned.

Considering this, the following order is passed:- The Applicant/Plaintiff is permitted to amend the Plaint in terms of the Schedule of draft amendment that is annexed to this Chamber Summons.

This amendment shall be carried out on or before 12th March 2026. A copy of the amended Plaint shall thereafter be served on all the Defendants including the newly added Defendants and an Affidavit-of-Service to that effect shall be filed

on or before 18th March 2026.

Chamber Summons no. 28 of 2020 is disposed of in terms of the above order with no order as to costs. ( FARHAN P. DUBASH, J. ) Amol