Kanchan W/O Sanjay Gupta v. Manoj Shankarlal Gupta And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

rrpillai CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2292 OF 2026 WITH INTERIM APPLICATION NO. 1852 OF 2021 IN WRIT PETITION NO. 12283 OF 2018 Kanchan W/o. Sanjay Gupta ...

Applicant Vs.

Manoj Shankarlal Gupta and ...

Respondents others Mr. Vrushal N. Gupta for the Petitioner/Applicant. CORAM : GAURI GODSE, J.

DATE :

12th JUNE 2026 ORDER :

Interim Application No. 2292 of 2026 1.

This application is for recalling the order dismissing the petition in default and for restoration of the writ petition. He submits that the reasons for his non-appearance are explained in the application.

2.

Learned counsel for the applicant has tendered the petitioner's affidavit dated 10th June 2026. The same is taken by RAJESHWARI RAMESH PILLAI Date:

2026.06.12 20:41:43 +0530 on record. He submits that till date the amount of costs as RAJESHWARI RAMESH PILLAI 1/3

per the order impugned in this petition is not paid by the respondent and the appeal is not yet registered. 3.

In the facts and circumstances of the case, the application is allowed in terms of prayer clause (a) and the petition is restored.

Interim Application No. 1852 of 2021 4.

This application is for bringing on record names of heirs and legal representatives of deceased respondent no. 2. Learned counsel for the petitioner/applicant submits that one of the heir is already on record in a different capacity as respondent nos. 1 and 3.

5.

Learned counsel for the petitioner further submits that from amongst the heirs of respondent no. 2, proposed respondent no. 2A has expired. He submits that her heirs and legal representatives are already on record in different capacity. Proposed respondent no. 2A was the wife of deceased respondent no. 2. Hence, respondent no. 1, 3 and the other proposed respondents are her heirs and legal representatives. He therefore seeks leave to amend the schedule of the proposed amendment to show respondent 2/3

no. 2A as deceased and represented through respondent nos. 1, 3 and 2B, 2C and 2D. Leave granted. Amendment to the schedule to be carried out forthwith in the court. 6.

In the facts and circumstances of the case, delay in filing the application is condoned. Interim application is allowed in terms of prayer clause (a), (b) and (c). Amendment in the writ petition to be carried out in the petition within two weeks.

Writ Petition No. 12283 of 2018 7.

After the amendment is carried out office shall issue notice to the respondents returnable on 7th August 2026. 8.

In addition to the court notice, learned advocate for the applicant to serve the respondents by private service and file service affidavit before the next date.

9.

Learned advocate for the petitioner to ensure that copies are supplied and court notice is served by taking hamdast.

[GAURI GODSE, J.] 3/3