Pratapsing Narsingrao Pupala v. 3(A) Pramila Shabaji Pupala (Since Deceased)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by JYOTI PRAKASH PAWAR Date: 2026.01.09 13:47:26 +0530 JYOTI PRAKASH PAWAR ORDINARY ORIGINAL CIVIL JURISDICTION SUIT NO. 438 OF 1951 WITH INTERIM APPLICATION NO. 5930 OF 2025 IN SUIT NO. 438 OF 1951 WITH COURT RECEIVER REPORT NO. 107 OF 2017 IN SUIT NO. 438 OF 1951 WITH COURT RECEIVER REPORT NO. 51 OF 2021 WITH INTERIM APPLICATION NO. 1036 OF 2020 IN SUIT NO. 438 OF 1951 WITH COURT RECEIVER EXECUTION NO. 438 OF 1951 IN SUIT NO. 438 OF 1951 Pratap Narsing Pupala ..

Plaintiff

Versus

Smt. Pramila Shabaji Pupala And Ors.

..

Defendants ______________________________________ Shri. N. C. Pawar, Court Receiver.

Shri. Swyam Chopda, OSD, Court Receiver.

Ms. Vrushali Kabre for Defendant Nos. 3 to 8. Mr. Yashodhan Divekar a/w Mr. Shubham Jadhav i/b Divekar & Co. for Applicant in IA/1036/2020.

Mr. Paresh Shah i/b M/s. Shah & Sanghavi for Plaintiff. _______________________________________

CORAM : FARHAN P. DUBASH, J.

DATE :

8th JANUARY 2026 P.C.:

1.

The Interim Application No. 5930 of 2025 seeks to delete the names of Defendant No. 3(b) and 4(b) who are stated to pass away and bring on record the legal heirs. Ms. Vrushali Kabre, learned Counsel who appears on behalf of Defendant Nos. 3 to 8 has no objection to the present Interim Application in allowing.

2.

Accordingly, the present Interim Application is allowed in terms of the Prayer Clause-A. The Applicant is directed to amend the plaint in terms of the schedule annexed to the present Interim Application. Amendment shall be carried out on or before 15th January 2026 and a copy of the amended plaint shall be served on all the Defendants on or before 21st January 2026 and an Affidavit-of-service to that effect shall also be filed on or before said date. Place the suit for further directions on 22nd January 2026.

3.

Interim Application No. 5930 of 2025 is disposed of. 4.

A copy of the amended plaint shall also be served on the Court Receiver. Mr. Yashodhan Divekar, learned Counsel who appears on behalf of

the Applicants in Interim Application No. 1036 of 2020, this Interim Application has been preferred by the said Applicant seeking to implead herself as a party to the present suit. A copy of this Interim Application has been served on all the parties and the pleadings in this application are now complete. However, since the legal heirs of Defendant No. 3(b) and 4(b) are brought on record pursuant to Interim Application No. 5930 of 2025. Mr. Yashodhan Divekar seeks leave to take out an Interim Application to amend his Interim Application to carry out the subsequent changes in the array of parties.

5.

He further submits that Applicant No. 4 has also passed away and seeks to amend the said Interim Application to bring on record the heirs of Applicant No. 4. Let this Interim Application being taken out on or before 16th January 2026. Reply, if any, shall be filed on or before 21st January 2026. 6.

Place the said Interim Application if so taken out on 22nd January 2026 together with the Testamentary Suit. ( FARHAN P. DUBASH, J. ) Shubham Gadhavepatil