2026:BHC-OS:451 IN THE HIGH COURT OF JUDICATURE AT BOMBAY J P P Y R A O W A T K A I A R SH DbPP D15 yRA i a g : W t AJ 0 i e Yt K 8: A aO : A 2 l R 5 TS 0 y 4 I H 2 s +6 ig .00 n 51 e 3. d 009 TESTAMENTARY AND INTESTATE JURISDICTION MISC PETITION IN T AND I J NO. 20 OF 2003 IN TESTAMENTARY PETITION NO. 1014 OF 1999 WITH INTERIM APPLICATION (L) No. 11333 OF 2025 IN MISC PETITION IN T AND I J NO. 20 OF 2003 Madhu Ramchand Lund … Petitioner/Applicant V/s.

Chandulal Bhagwandas Hinduja … Respondent _______________________________________

Mr. Nainesh Amin and Ms. Priyam Amin i/b. N.N. Amin & Co. for Respondent No. 1, 2 (a) to 2(c).

Mr. Kunal Kumbhat i/b. Ms. Gauri Chhabria for Respondent No.3 in IAL/11333/2025.

Mr. Mohit Khanna a/w. Ms. Saloni Manjrekar i/b. HN Legal for Applicant/Petitioner.

_______________________________________

CORAM : FARHAN P. DUBASH, J.

Date : 8^th JANUARY 2026 P. C. :

1. The present Interim Application seeks to set aside the abatement of the suit against Respondent No. 4 who expired on 11^th February 2024.

2. A perusal of the Interim Application would reveal that the Applicant and her son had requested the representatives of Respondent No. 4 to provide them with details of all the legal heirs and legal representatives. It is stated to have not been provided, as a result, there is delay of 240 days in filing of the present application. In the meantime the suit stood abated against Respondent No. 4 on 11^th May 2024.

3. A perusal of the Interim Application further reveals that Respondent No. 4 had stated to have supported the case of the Applicant.

Respondent No. 4 has also given the evidence in the matter.

4. In the circumstances, it would be just and necessary that her heirs are brought on record to the present proceedings.

5. Mr. Nainesh Amin, learned Counsel who appears on behalf of the Respondent Nos. 1, 2(a) to 2(c) and Mr. Kunal Kumbhat, learned Counsel who appears on behalf of the Respondent No. 3 have opposed the Interim Application on the ground of inordinate delay in preferring the said Interim Application.

6. On going through the contents of the present Interim Application and upon consideration of the submissions made by the parties, this Court is satisfied that a case has been made out for condonation of delay of 240 days in the filing of the present Interim Application. Accordingly, the following order is passed:

ORDER (i) Delay of 240 days in filing of the present Interim Application is hereby condoned and the abatement of the suit against Respondent No. 4 is hereby set aside.

(ii) The Applicant is permitted to amend the petition in terms of the Schedule at Exhibit-B to the present Interim Application to bring on record the legal heirs and representatives of the deceased Respondent No. 4.

(iii) This amendment shall be carried out on or before 16^th January

2026 and the copy of the amended petition shall be served on all the Respondents including the newly added Respondents by 21^st January 2026.

(iv) Re-verification is dispensed with.

(v) The present Interim Application (L) No. 11333 of 2025 is disposed of. There shall be no order as to costs.

7. Place the matter for further consideration on 22^nd January 2026.

( FARHAN P. DUBASH, J. )

Shubham Gadhavepatil