Urmila Balkishen Gupta and Anr. vs Manish Balkishan Gupta and 15 Ors. — Bombay HC (2025) — LawSathi Research

Urmila Balkishen Gupta and Anr. vs Manish Balkishan Gupta and 15 Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application No. 5548 of 2025 allowed; the Original Plaintiff substituted on record by the newly added Applicants and the earlier Interim Applicant No. 2 as legal heirs, with changes to be effected before the Registry within two weeks from upload of the order; matter directed to be listed under the caption 'For Directions' on January 23, 2026.

Issue for consideration

Whether the legal heirs of the deceased sole Plaintiff may be substituted on record in place of the Original Plaintiff, including bringing on record the legal heirs of interim Applicant No. 1 who died while the application was pending and deleting Applicant No. 1's name.

Court's answer

Interim Application No. 5548 of 2025 is allowed: Applicant No. 2 is permitted to be substituted as the legal heir of the Original Plaintiff, and the legal heirs of interim Applicant No. 1 are likewise brought on record — the Original Plaintiff is substituted by the newly added Applicants and the earlier Interim Applicant No. 2 as his legal heirs.

Ratio / Principle

Changes pursuant to the substitution shall be effected before the Registry within two weeks from the date of upload of the order.

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Order dated December 10, 2025 by Somasekhar Sundaresan J.: Interim Application No. 5548 of 2025 in Suit No. 253 of 2024 (Manish Balkishan Gupta v. Swaran Kantilal Gupta & Ors.) allowed. The application sought substitution of the legal heirs of the deceased sole Plaintiff in place of the Original Plaintiff; during its pendency interim Applicant No. 1 (a legal heir of the Original Plaintiff) also died, and liberty was sought to delete that name. The Court permitted Applicant No. 2 to be substituted as the legal heir of the Original Plaintiff and brought on record the legal heirs of the deceased interim Applicant No. 1, effecting substitution of the Original Plaintiff by the newly added Applicants and the earlier Interim Applicant No. 2. Changes to be effected before the Registry within two weeks from upload; matter listed under 'For Directions' on January 23, 2026. Purely procedural order; no merits, statute or precedent adjudicated.

79-IA-5548-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

INTERIM APPLICATION NO. 5548 OF 2025

IN

SUIT NO. 253 OF 2024

Urmila Balkishen Gupta & Anr …Applicants

In The Matter Between Manish Balkishan Gupta …Plaintiff

Versus

Swaran Kantilal Gupta & Ors. …Defendants

Mr. Preet Chheda (through VC), for the Plaintiff.

Mr. Sunil C. Khandagale, i/b Komal Punjabi, for DefendantsBMC.

CORAM : SOMASEKHAR SUNDARESAN, J. DATE : DECEMBER 10, 2025

ORDER :

Interim Application No.5548 of 2025 is an Application seeking to bring on record the legal heirs of the sole Plaintiff in place of the Original Plaintiff. While the Interim Application was pending, Applicant No.1, who was the legal heir of the Original Plaintiff, also passed away; therefore, liberty is sought to delete the name of Applicant No.1.

Digitally signed byASHWINI ASHWINIJANARDANVALLAKATI JANARDANVALLAKATIDate: 2025.12.16 14:27:21 +0530

Page 1 of 2 December 10, 2025

Ashwini Vallakati

79-IA-5548-2025.doc

Interim Application No.5548 of 2025 is therefore allowed permitting Applicant No.2 to be substituted as the legal heir of the Original Plaintiff. Likewise, the legal heirs of the interim Applicant No.1 have also been brought on record. Interim Application No.5548 of 2025 is therefore allowed, permitting the substitution of the Original Plaintiff by the newly added Applicants and the earlier Interim Applicant No.2 as the legal heirs of the Original Plaintiff. Changes may be effected before the Registry within a period of two weeks from the date of upload of this order.

List under the caption “ For Directions ” on January 23, 2026 .

All actions required to be taken pursuant to this order shall

be taken upon receipt of a downloaded copy as available on this Court’s website.

[ SOMASEKHAR SUNDARESAN, J.]

Page 2 of 2 December 10, 2025

Ashwini Vallakati