← Library
Bombay High CourtIA/2306/2026disposed off

Shri Devdatta Balkrishna Mhatre v. The Office Of Controller Of Accommodation And ORS

2026-04-01Hon'Ble Shri Justice Sarang Vijaykumar Kotwal , Hon'Ble Shri Justice Sandesh Dadasaheb Patil3 pages

1 / 3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2306 OF 2026 IN WRIT PETITION NO.9129 OF 2019 WITH WRIT PETITION NO.9129 OF 2019 Devdatta Balkrishna Mhatre .... Applicant

IN THE MATTER BETWEEN :

Chandrakant Vasudev Mhatre & Ors.

.... Petitioners versus The Office of Controller of Accommodation & Ors.

.... Respondents .......

• Ms. Shaba N. Khan, Advocate for Orig. Petitioner/Applicant in IA. • Ms. M. S. Bane, AGP for Respondent Nos.1 to 4. • Ms. Pooja Singh i/b. Mr. Amogh Karandikar, Advocate for Respondent Nos.2 and 3.

CORAM

: SARANG V. KOTWAL & SANDESH D. PATIL, JJ.

DATE : 01st APRIL, 2026 P.C. :

1.

By the present Interim Application, the Applicant is seeking to delete the name of the Respondent No.2 and to add MANUSHREE NESARIKAR the name of the Respondent No.2(a) to 2(c) as his legal heirs. by MANUSHREE NESARIKAR Date: 2026.04.04 11:21:09 +0530 The Petition was filed by the Petitioner challenging the order Nesarikar

2 / 3 dated 02/01/2016 passed by the of Controller of Accommodation to handover the possession of the said premises to the Respondent No.2. The Writ Petition is pending for admission. During pendency of the Writ Petition, it was informed by the Advocate for the Respondent No.2 that the Respondent No.2 had expired on 21/04/2025 leaving behind the persons named in the application as his only legal heirs. The Death Certificate is attached as Ex.A to the Interim Application. 2.

Heard learned counsel appearing for the Applicant. For the reasons mentioned in paragraph Nos.3 and 4 of the Interim Application, the Applicant has made out the case of bringing on record the legal heirs of the Respondent No.2. The delay caused in present Interim Applicant is condoned. The Applicant is permitted to delete the name of the Respondent No.2 and add the name of his wife-2(a) Shumana Nilang Pathare, daughter2(b) Vaishnavi Nilang Pathare and son-2(c) Loukic Nilang Pathare as his legal heirs.

3.

In the light of the aforesaid, the Interim Application is disposed of.

3 / 3 4.

Amendment be carried out within a period of two weeks from today. After the amendment is carried out, issue fresh notice to the Respondent Nos.2(a) to 2(c), returnable on 18/06/2026. Writ Petition is stand over to 18/06/2026. (SANDESH D. PATIL, J.) (SARANG V. KOTWAL, J.)