Janki R Ajoomal And 2 ORS v. Daulat Tekchand Dolwani And 14 ORS

Digitally signed by JYOTI PRAKASH PAWAR Date:

2026.01.13 21:52:03 +0530 JYOTI PRAKASH PAWAR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 8184 OF 2025 IN SUIT NO. 893 OF 2019 Janki R. Ajoomal & Ors.

... Applicant In the matter between Jyoti Jashnani & Ors.

... Plaintiffs V/s.

Daulat Tekchand Dolwani & Ors.

... Defendants _______________________________________ Mr. Ativ Patel a/w. Viraj Rajyani i/b. M/s. AVP Partners for Applicant/Plaintiff Ms. Priya Patil i/b. Mr. Gautam Kanchanpurkar for Defendant No.2. Mr. Karan Mehta a/w. Ms. Priyanka Singh i/b. M/s. Salomon & Co. for Defendant No. 1 ______________________________________ CORAM : FARHAN P. DUBASH, J.

Date :

12th January 2026 P. C. :

1.

The present Interim Application seeks to implead the legal heirs of Plaintiff No.1, Defendant No. 7 and Defendant No.8 all of whom have been stated to have passed away during the pendency of the captioned Suit. Plaintiff No. 1 is stated to have passed away on 17th May 2025 leaving behind proposed Plaintiff Nos. 1A, 1B and 1C as her only legal heirs and representatives. Defendant No.7 is stated to have passed away on 13th April 2023 leaving behind proposed Defendant No. 7A as her only legal heir ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

and representative. Defendant No.8 has also passed away during the pendency of the captioned Suit leaving behind proposed Defendant Nos. 8A and 8B as her legal heirs and representatives. There is a delay in preferring the present Interim Application. However, the same is required to be condoned and the legal representatives of the deceased parties are required to be brought on record and impleaded in the present Suit for its proper adjudication.

2.

Having heard the learned Counsels who appear on behalf of the parties, I am of the view that for the reason set out in the present Interim Application, the delay in preferring the same is required to be condoned and the legal heirs and representatives of the deceased parties are required to be brought on record. Accordingly, the following order is passed: :: ORDER::

(i) The delay in preferring the present Interim Application is hereby condoned and the Applicant is permitted to amend the plaint in terms of the Schedule that is annexed to the present Interim Application. The amendment shall be carried out on or before 19th January 2026 and a copy of the amended plaint shall be served on all the Defendants including the newly added Defendants on or before 27th January 2026 and an Affidavit-of-Service to that effect ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

shall be filed before the next date.

(ii) Accordingly, the present Interim Application is disposed of. There shall be no order as to costs.

(iii) List the Suit for further consideration on 2nd February 2026. ( FARHAN P. DUBASH, J. ) Mandar M.

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