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2026 DAILYLAW 4835 (BOM)

MR. RAJENDRA MAGANLAL YADAV v. MR VASHARAM MOHANBHAI PATEL SINCE DESDEASED TROUGH LEGAL HEIRS

IA/5894/2026 · 2026-08-19

body2026

Judgment text

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21 sast 7690 of 2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL (ST) NO.7690 OF 2026 Rajendra Maganlal Yadav and Ors. ... Appellants versus Vasharam Mohanbhai Patel (deceased) and Ors. … Respondents WITH INTERIM APPLICATION NO.5894 OF 2026 WITH INTERIM APPLICATION NO.4881 OF 2026 WITH INTERIM APPLICATION NO.4880 OF 2026 WITH INTERIM APPLICATION NO.4879 OF 2026 WITH WRIT PETITION NO.8110 OF 2026 Mr. Shanay Shah i/by Mr. Piyush Todkar, for Appellants. Mr. Hrushi Narvekar with Mr. Anuj Sawla i/by Trilegal, for Respondent No.1. CORAM: N.J.JAMADAR, J. DATE : 19 AUGUST 2026 P.C. Interim Application No.5894 of 2026 1. Not on board. Upon mentioning, taken on board. 2. Heard the learned Counsel for the parties. 3. This is an application to bring the legal heirs of Respondent No.1 on record. The Respondent No.1 has passed away on 24 August 2024. In the application, it is averred that the Appellants were not party to the proceedings before the first Appellate Court and were unaware of the death of Respondent No.1. SSP 1/2 21 sast 7690 of 2026.doc 4. For the reasons assigned in the Application and to advance the cause of substantive justice, Interim Application stands allowed. 5. Delay in seeking setting aside of the abatement and bringing the legal representatives of Respondent No.1 stands condoned. 6. Legal representatives of Respondent No.1 are permitted to be brought on record. 7. Necessary amendment be carried out in the Appeal memo as well as the Interim Applications forthwith. 8. Interim Application stands disposed. Interim Application Nos.4879 of 2026 & 4881 of 2026 9. Issue Notice notice to the legal representatives of Respondent No.1, returnable on 16 September 2026. 10. Mr. Narvekar, waives service on behalf of the legal representatives of Respondent No.1. 11. Learned Counsel for Respondent No.1 seeks time to file affidavits in reply to the Interim Applications for condonation of delay in filing the Appeal along with leave to file an appeal. 12. Let the affidavits in reply on behalf of Respondent No.1 be filed within a period of two weeks and copies thereof be served on the Appellants. 13. Rejoinder, if any, be filed within a period of one week thereafter. ( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 20/08/2026 19:13:03