Research › Search › Judgment

Bombay High Court · body

2026 DAILYLAW 18730 (BOM)

MAHESH SHAH AND 2 ORS v. YOHANNAN THOMAS JOHN AND 3 ORS.

IA/5457/2026 · 2026-10-12

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 / 2 04-IA-5457-26-IN-APP-213-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.5457 OF 2026 IN APPEAL NO.213 OF 2011 IN CHAMBER SUMMONS NO.26 OF 2009 Mahesh Shah & Ors. .... Applicants IN THE MATTER BETWEEN : Aruna Shah …. Appellant versus Yohannan Thomas John & Ors. .... Respondents ….... • Ms. Archita Gharat a/w Ms. Aishwaryajeeta Tawde i/b. Kanga & Co., Advocate for Applicants. • Mr. Netaji Gawde a/w Rahul Sanghvi i/b. M/s. Sanjay Udeshi & Co. Advocate for Respondent No.2. CORAM : SARANG V. KOTWAL & RANJITSINHA RAJA BHONSALE, JJ. DATE : 12th OCTOBER, 2026 P.C. : 1. This application is for bringing the Legal Representatives of the original Appellant on record. There is delay of 109 days in filing this application. The prayer is also made for condonation of that delay. One more prayer is made that abetment, if any, be set aside. Nesarikar MANUSHREE NESARIKAR Digitally signed by MANUSHREE NESARIKAR Date: 2026.10.14 12:53:36 +0530 2 / 2 04-IA-5457-26-IN-APP-213-11.odt 2. Heard learned counsel for the Applicant. She submitted that the Respondent No.1 has passed away. The delay in filing the application is inadvertent. Learned counsel appearing for the Respondent No.2 has no objection for allowing this application. 3. Hence, the following order : O R D E R (i) The delay of 109 days in filing this application is condoned. (ii) The abatement of the Appeal is set aside. (iii) The Legal Representatives are permitted to be brought on record and the Appeal, including its cause title, to be amended as per the schedule annexed to this application. Amendment to be carried out within a period of three weeks from today. (iv) The application is disposed of. (v) The Appeal to proceed in due course. (RANJITSINHA RAJA BHONSALE, J.) (SARANG V. KOTWAL, J.)