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2026 DAILYLAW 11048 (BOM)

RADHABAI K. SARVANKAR (SINCE DECEASED THR LRS LR APPLICATION NO 2) AND ORS v. MERJI K.CHINOY AND ORS.

IA/5847/2026 · 2026-09-24

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Judgment text

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10-ia-63-2026-fa-260-2003.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 63 OF 2026 WITH INTERIM APPLICATION NO. 5847 OF 2026 IN FIRST APPEAL NO. 260 OF 2003 Smt. Radhabai K. Sarvankar and Ors … Applicants/Appellants vs. Merzi K. Chinoy and Ors … Respondents Ms. Archana Gaware i/b. V.Y. Sanglikar for the Applicants. Mr. Rupesh Geete a/w. Mr. Avesh Ganja i/b. Satyaki Law Associates for Respondent No.1. CORAM : GAURI GODSE, J. DATED : 24th SEPTEMBER 2026 ORDER: INTERIM APPLICATION NO. 63 OF 2026 1. This application is for showing appellant no.1 as deceased through the heir and legal representative who is already on record in a different capacity as appellant no.2. 2. In the facts and circumstances of the case delay, if any, is condoned and the application is allowed in terms of prayer clauses (a) and (b). Page no. 1 of 2 varsha VARSHA VIJAY RAJGURU Digitally signed by VARSHA VIJAY RAJGURU Date: 2026.09.24 17:33:39 +0530 10-ia-63-2026-fa-260-2003.doc 3. Amendment to be carried out within three weeks. INTERIM APPLICATION NO. 5847 OF 2026 4. This application is for substituting the names of new trustees in place of old trustees. Learned counsel for the applicant relies upon the e-mail received from the advocate for the trustees intimating the death of the existing trustee and the appointment of new trustees. The printout of the e-mail is annexed to the application. 5. For the reasons stated in the application, it is allowed in terms of prayer clause(a). 6. Amendment to be carried out within three weeks. 7. After the amendment is carried out, office shall issue notice of the admission of the first appeal, to the added respondents. 8. In addition to the court notice, learned advocate for the applicants shall serve the respondents, by private notice and file affidavit of service before the next date. 9. Learned advocate for the applicants shall ensure that the copies are supplied and court notice is issued to respondents by taking humdast. (GAURI GODSE, J.) Page no. 2 of 2