Bombay High CourtIA/651/2026disposed off

Pratap Mahadev Vinayak Indulkar And ORS v. Unmesh Ratubhai Desai Since Deceased And ORS

2026-02-05Hon'Ble Shri Justice Rajesh S. Patil2 pages

2026:BHC-AS:6061 Diksha Rane 125 IA 651 2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION 125 IA/651/2026 In CRA/447/2008 PRATAP MAHADEV VINAYAK INDULKAR AND ORS VS UNMESH RATUBHAI DESAI SINCE DECEASED AND ORS ------------ Adv. Javed Khan a/w. Adv. Bharati Indulkar for applicant. ------------ CORAM :

RAJESH S. PATIL, J.

DATE :

5 FEBRUARY 2026.

P.C. :

1) This interim application is filed to bring on record the legal heirs of the deceased respondent no.1. There is a delay in filing this interim application.

2) Heard learned counsel for the parties and I have gone through the contents of the interim application.

3) The Division Bench of this Court in Keshao s/o. Kawadu Maral and another Versus State of Maharashtra and others, reported in 2005 (1) MahLJ 1059, condoned the delay of six years in filing the Application of bringing the legals heirs on record, relying on the Supreme Court judgment of Sardar Amarjit Singh Karla (dead) by

Diksha Rane 125 IA 651 2026.doc LRS. and others Versus Pramod Gupta (Smt.) (dead) by LRS. and others, reported in 2003 (3) SCC 272.

4) Considering the law as laid down in the case of Keshao s/o. Kawadu Maral (supra) and the facts of the present case, I am convinced that a case is made out to allow this interim application. 5) Interim Application is allowed in terms of prayer clauses (a), (a1), (a2) and (b) subject to the payment of cost. 6) Amendment to be carried out within a period of two weeks from today.

7) The cost of Rs.25,000/- to be paid to the High Court Employees Medical Welfare Fund at Mumbai. within a period of two weeks from today. The details of the said account are as follows : Account Name : The High Court Employees Medical Welfare Fund at Mumbai Bank Name and Branch : Bank of India, Mumbai (Main) Branch. Account No.

: 000120110001337 IFSC Code : BKID0000001.

(Rajesh S. Patil, J.) Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 05/02/2026 19:08:29