Devidas Madhav Deokar v. Vasant Ganesh Deokar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 4555 OF 2025 IN SUIT NO. 226 OF 2024 Devidas Madhav Deokar & Ors.

... Applicants In the matter between Devidas Madhav Deokar & Ors.

... Plaintiffs V/s.

Vasant Ganesh Deokar & Ors ... Respondents ______________________________________ AMOL PREMNATH JADHAV AMOL PREMNATH JADHAV Date: 2026.02.27 20:27:04 +0530 Mr. Divyesh K. Jain, for the Applicants.

Mr. Saket Dhawan, i/b, Mr. Vasant Dhawan, for the Defendant nos. 1, 2 & 4 to 7.

_______________________________________ CORAM : FARHAN P. DUBASH, J.

DATE :

25th FEBRUARY 2026 P. C.:

1.

At the outset, Mr. Divyesh Jain, learned Counsel who appears on behalf of the Applicants seeks leave to carry out sub amendment to the Schedule that is annexed to present Interim Application by deleting the name of Mr. Laxman Kulkarni that is set out therein at serial no. 2(a). The same is permitted and this amendment shall be carried out forthwith.

2.

The present Interim Application seeks to bring on record the heirs and legal representatives of Defendant no. 3, who is stated to have passed away on 4th August 2018. There is a delay of 6 years and 304 days in filing of the present Interim Application. For the reasons set out in the present Interim Application, this Court is satisfied that the delay is required to be condoned and accordingly, the following order is passed. ::ORDER::

(i) Delay of 6 years and 304 days in filing the present Interim Application is condoned.

(ii) Applicant is permitted to amend the Plaint in terms of the Schedule annexed to the present Interim Application. (iii) This amendment shall be carried out on or before 6th March 2026.

(iv) Copy of the amended Plaint shall be served on all the parties on or before 13th March 2026 and an Affidavit-of-Service to that effect shall also be filed on or before 18th March 2026. 3.

Place the Suit for further consideration on 25th March 2026 together with Interim Application no. 3754 of 2024.

4.

Interim Application is disposed of in the above order. ( FARHAN P. DUBASH, J. ) Amol