Homai K Desai v. Adi Alias Ardeshir Irani

Digitally signed by JYOTI PRAKASH PAWAR Date:

2026.01.21 21:25:10 +0530 JYOTI PRAKASH PAWAR

50. Homai Desai Vs.Shernaz Pradip Poonekar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 2480 OF 2025 WITH INTERIM APPLICATION NO. 7439 OF 2025 IN SUIT NO . 781 OF 2009 Homai Desai ... Applicant/Plaintiff No.2 In the matter between Shernaz P. Poonekar ... Plaintiff V/s.

Adi alias Ardeshir Dinshaw Irani ... Defendants And Pradip Digambar Poonekar & Anr.

... Respondents _______________________________________ Adv.. Cherag Bulsara a/w. Adv. Avinash Joshi i/b. Mulla & Mulla for Applicant.

Adv. Noorain Patel for Respondent i/b. Diamondwala & Co. Adv. Alisha Lambay i/b. Adv. Nerissa Almeida for the Defendant. _______________________________________ CORAM : FARHAN P. DUBASH, J.

Date :

19th JANUARY 2026 P. C. :

Interim Application No. 2480 of 2025 1.

The present Interim Application seeks to set aside the abetment of the suit and also seeks condonation of delay of 83 days in taking out the present Interim Application for amendment thereof to implead the legal heirs and representatives of deceased Plaintiff No.1 and bring on record Plaintiff --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Order dated 19th January 2026

50. Homai Desai Vs.Shernaz Pradip Poonekar Nos. 1A and 1B in his place and stead.

2.

By consent, the Interim Application is allowed in terms of prayer Clauses a, b and c which are set out hereunder; a.

Abetment if any be set aside;

b.

Delay of 83 days in taking out present Interim Application be condoned;

c.

The Applicant/Plaintiff be permitted to amend the paper and proceedings as per schedule annexed hereto;

3.

Amendment shall be carried out on or before 23rd January 2026. Re-verification is dispensed with. A copy of the amended plaint shall be filed and served on all the parties on or before 28th January 2026. Affidavit-ofService to that effect shall be filed on or before the next date. 4.

Stand over to 28th January 2026 for hearing.

Interim Application No. 7439 of 2025 5.

Considering the fact that the Plaintiff has been permitted to amend the Suit by impleading the heirs of original Plaintiff No.1 who has since passed away, by consent the Plaintiff is also permitted to amend the cause title of the Interim Application and add the names of Plaintiff Nos. 1A and 1B in place and stead of Plaintiff No.1, within the same timeline as mentioned above.

( FARHAN P. DUBASH, J. ) Mandar M.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Order dated 19th January 2026