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2026 DAILYLAW 12642 (BOM)

RAMESH HARISHCHANDRA JALGAONKAR SINCE DECD. THR LRSAND ANR v. DARSHAN RAJESH JALGAONKAR

IA/7247/2026 · 2026-09-30

body2026

Judgment text

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1 of 2 901.IA.7247.2026.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7247 OF 2026 IN WRIT PETITION NO.243 OF 2024 Mukund Ramesh Jalgaonkar and others Applicants In the matter between : Darshan Rajesh Jalgaonkar Petitioner versus Ramesh Harishchandra Jalgaonkar and another Respondents _______ Mr.Viraj Shelatkar i/by Mr.Bhavin Jain for Petitioner. Mr.Mandar Sawant for Respondent no.1 through V.C. Dr.Dhruti Kapadia for Respondent-State. _______ CORAM : AARTI SATHE, J. DATE : 30th September 2026 P.C. 1. This Interim Application has been filed to bring on record the legal heirs of the deceased Respondent senior citizen. A co-ordinate Bench of this Court by an order dated 16th July 2026 after considering various decisions has taken a view that the order of the Tribunal is not nullified by the death of the senior citizen and the right to sue would survive through legal heirs. It was further held that the instrument of transfer would stand annulled under Section 23 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 unless set aside by a competent Court. Considering the aforesaid order, this Court is of the view that the Interim M.S.Thatte MANISH SURESHRAO THATTE Digitally signed by MANISH SURESHRAO THATTE Date: 2026.09.30 15:04:58 +0530 2 of 2 901.IA.7247.2026.DOC Application needs to be allowed in terms of prayer clauses (a) and (b). Ordered accordingly. Delay in filing the Interim Application stands condoned. 2. Amendments to be carried out to the writ petition and Legal Heirs nos.1 to 3 enlisted in paragraph no.2 of the Interim Application, be brought on record within a period of four weeks from today. Re-verification is dispensed with. 3. Learned counsel for the Applicant to supply copies of the amended writ petition to the Registry for issuance of notice to the newly added Respondents within four weeks from today. 4. After the amendment is carried, issue notice to the newly added Respondents returnable on 2nd December 2026. (AARTI SATHE, J.) M.S.Thatte