Jalal Abalal Tahsildar and Ors. vs State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

Jalal Abalal Tahsildar and Ors. vs State of Maharashtra and Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Purely procedural session: all five interim applications (I.A. Nos. 8382, 8385, 8387, 8383 of 2024 in WP 7130/2016 and I.A. No. 1629 of 2025 in WP 6149/2002) allowed with delay condoned and abatement, if any, set aside; legal heirs of deceased petitioners brought on record; amendment permitted within one week with re-verification dispensed with and amended cause titles to be served on the other side; Registrar (Judicial-I) directed to ascertain the appropriate bench for the clubbed writ petitions and second appeals and report within one week; main matters not decided on merits and stood over to 4 August 2025.

Issue for consideration

Whether delay in filing the interim applications seeking to bring legal heirs of deceased petitioners on record should be condoned and abatement, if any, set aside. +1 more

Court's answer

Interim Application No. 8382 of 2024 allowed in terms of prayer clauses (a) and (b); delay of 3 years and 26 days condoned; abatement, if any, set aside; amendment permitted within one week; re-verification dispensed with.

Ratio / Principle

Interim Application No. 8385 of 2024 allowed in terms of prayer clauses (a) and (b); delay of 6 years and 180 days condoned; abatement, if any, set aside; amendment permitted within one week; re-verification dispensed with.

Key takeaways

Interim Application No. 8387 of 2024 allowed in terms of prayer clauses (a) and (b); delay of 10 years and 174 days condoned; abatement, if any, set aside; amendment permitted within one week; re-verification dispensed with.ratio¶80
Interim Application No. 8383 of 2024 allowed in terms of prayer clauses (a) and (b); delay of 279 days condoned; abatement, if any, set aside; amendment permitted within one week; re-verification dispensed with; the application thereafter disposed.ratio¶84
Interim Application No. 1629 of 2025 in WP 6149/2002 allowed in terms of prayer clauses (a) to (c); delay of more than 11 years and 6 months condoned; abatement, if any, set aside; amendment permitted within one week; re-verification dispensed with.

Detailed headnote1 paragraphs

Procedural order of the High Court of Judicature at Bombay (Civil Appellate Jurisdiction), single bench of Milind N. Jadhav, J., dated 28 July 2025, in W.P. No. 7130 of 2016 and connected matters (I.A. Nos. 8382, 8385, 8387 and 8383 of 2024; W.P. No. 6149 of 2002 with I.A. No. 1629 of 2025; Second Appeal No. 749 of 2024). Delays in impleading legal heirs of deceased petitioners condoned: 3 years 26 days (Petitioner No. 1), 6 years 180 days (Petitioner No. 18), 10 years 174 days (Petitioner No. 23) and 279 days (Petitioner No. 3) in W.P. 7130/2016, and more than 11 years 6 months (Petitioner Nos. 1 to 3) in W.P. 6149/2002; abatements, if any, set aside; amendments permitted within one week with re-verification dispensed with. On counsel jointly informing that eight further writ petitions and nine further second appeals are pending and must be heard together, Registrar (Judicial-I) directed to ascertain the appropriate bench (the related writ petitions spanning odd and even years are before separate courts), confirm clubbing orders or require steps by counsel, and report within one week. Matters stood over to 4 August 2025. No substantive issue adjudicated; no statute or precedent cited.

38. CIVIL WP-7130-16 ++++.docx

Amberkar

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 7130 OF 2016

Jalal Abalal Tahsildar & Ors.

.. Petitioners

Versus

State of Maharashtra & Ors.

.. Respondents

WITH

INTERIM APPLICATION NO. 8382 OF 2024

IN

WRIT PETITION NO. 7130 OF 2016

Jalal Abalal Tahasildar (Petitioner No. 1) (since deceased) through L.Rs. Ramejabi Jalal Tahasildar & Ors. .. Applicants IN THE MATTER BETWEEN Jalal Abalal Tahsildar & Ors. .. Petitioners

Versus

State of Maharashtra & Ors.

.. Respondents

WITH

INTERIM APPLICATION NO. 8385 OF 2024

IN WRIT PETITION NO. 7130 OF 2016

Nasima Bashir Maldar (Petitioner No. 18) (since deceased) through L.Rs. Bashir Munavar Maldar & Ors. .. Applicants

IN THE MATTER BETWEEN

Jalal Abalal Tahsildar & Ors. .. Petitioners Versus State of Maharashtra & Ors. .. Respondents

WITH

INTERIM APPLICATION NO. 8387 OF 2024

IN

WRIT PETITION NO. 7130 OF 2016

Nazir Rajjak Tahasildar (Petitioner No. 23) (since deceased) through L.Rs. Hamida Nazir Tahasildar & Ors.

.. Applicants

38. CIVIL WP-7130-16 ++++.docx

Jalal Abalal Tahsildar & Ors. Versus

State of Maharashtra & Ors.

.. Petitioners

.. Respondents

WITH INTERIM APPLICATION NO. 8383 OF 2024 IN

WRIT PETITION NO. 7130 OF 2016

Hasim Ainuddin Tahasildar (Petitioner No. 3) (since deceased) through L.Rs. Bismillaha Hasim Tahasildar & Ors. .. Applicants IN THE MATTER BETWEEN Jalal Abalal Tahsildar & Ors. .. Petitioners Versus State of Maharashtra & Ors. .. Respondents

WITH WRIT PETITION NO. 6149 OF 2002

Bhupal Nana Khichade & Ors. .. Petitioners

Versus State of Maharashtra & Ors. .. Respondents

WITH

INTERIM APPLICATION NO. 1629 OF 2025

IN

WRIT PETITION NO. 6149 OF 2002

Parisa Nana Khichade & Ors. .. Applicants

In The Matter Between Appaso Nana Khichade & Ors. .. Petitioners Versus State of Maharashtra & Ors. .. Respondents

WITH

SECOND APPEAL NO. 749 OF 2024

Bapu Abalal Tahasildar (since deceased) through his Legal Heirs Babaso Bapu Tahasildar

.. Appellants

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38. CIVIL WP-7130-16 ++++.docx

Versus

Swastishree Jinsen Bhattarak & Ors.

.. Respondents

Mr. D.V. Sutar a/w Ms. Kavita D. Vijapure, Advocates for Petitioners & Applicants in all Matters

Mr. Sanjay D. Rayrikar, AGP for Respondent Nos. 1 & 2

Mr. Manoj A. Patil, Advocate for Respondent No. 3

CORAM : MILIND N. JADHAV, J. DATE : JULY 28, 2025

P. C.:

Heard Mr. Sutar, learned Advocate for Petitioners; Mr. Patil, learned Advocate for Respondent No. 3 and Mr. Rayrikar, learned AGP for State.

Interim Application No. 8382/2024 in WP No. 7130/2016

Present Interim Application has been filed by the Applicants for bringing the legal heirs of deceased Petitioner No. 1 on record. There is delay of 3 years and 26 days in filing the present Interim Application. Applicants are the legal heirs of deceased Petitioner No. 1. Their names and details are given in cause title of the Interim Application.

2.1. Perused the Interim Application. For the reasons stated therein, Interim Application is allowed in terms of prayer clauses (a) and (b). Delay is condoned. Abatement, if any, stands set aside. Amendment is permitted to be carried out within a period of one week from today.

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Re-verification stands dispensed with. Copy of the amended cause title shall be served on the other side.

2.2. Interim Application No. 8382 of 2024 is allowed and disposed.

Interim Application No. 8385/2024 in WP No. 7130/2016

Present Interim Application has been filed by the Applicants for bringing the legal heirs of deceased Petitioner No. 18 on record. There is delay of 6 years and 180 days in filing the present Interim Application. Applicants are the legal heirs of deceased Petitioner No. 18. Their names and details are given in cause title of the Interim Application.

3.1. Perused the Interim Application. For the reasons stated therein, Interim Application is allowed in terms of prayer clauses (a) and (b). Delay is condoned. Abatement, if any, stands set aside. Amendment is permitted to be carried out within a period of one week from today. Re-verification stands dispensed with. Copy of the amended cause title shall be served on the other side.

3.2. Interim Application No. 8385 of 2024 is allowed and disposed.

4. Interim Application No. 8387/2024 in WP No. 7130/2016

Present Interim Application has been filed by the Applicants for bringing the legal heirs of deceased Petitioner No. 23 on record. There

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is delay of 10 years and 174 days in filing the present Interim Application. Applicants are the legal heirs of deceased Petitioner No.

Their names and details are given in cause title of the Interim Application.

5.1. Perused the Interim Application. For the reasons stated therein, Interim Application is allowed in terms of prayer clauses (a) and (b). Delay is condoned. Abatement, if any, stands set aside. Amendment is permitted to be carried out within a period of one week from today. Re-verification stands dispensed with. Copy of the amended cause title shall be served on the other side.

5.2. Interim Application No. 8387 of 2024 is allowed and disposed.

Interim Application No. 8383/2024 in WP No. 7130/2016

Present Interim Application has been filed by the Applicants for bringing the legal heirs of deceased Petitioner No. 3 on record. There is delay of 279 days in filing the present Interim Application. Applicants are the legal heirs of deceased Petitioner No. 3. Their names and details are given in cause title of the Interim Application.

6.1. Perused the Interim Application. For the reasons stated therein, Interim Application is allowed in terms of prayer clauses (a) and (b). Delay is condoned. Abatement, if any, stands set aside. Amendment is permitted to be carried out within a period of one week from today.

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Re-verification stands dispensed with. Copy of the amended cause title shall be served on the other side.

6.2. Interim Application No. 8383 of 2024 is disposed.

Interim Application No. 1629/2025 in WP No. 6149/2002

Present Interim Application has been filed by the Applicants for bringing the legal heirs of deceased Petitioner Nos. 1 to 3 on record. There is delay of more than 11 years and 6 months in filing the Application. Names and details of the legal heirs of deceased Petitioner Nos. 1 to 3 are stated in the Schedule of amendment which is appended at page Nos. 11-12 of the Interim Application.

7.1. Perused the Interim Application. For the reasons stated therein, Interim Application is allowed in terms of prayer clauses (a) to (c). Delay is condoned. Abatement, if any, stands set aside. Amendment is permitted to be carried out within a period of one week from today. Re-verification stands dispensed with. Copy of the amended cause title shall be served on the other side.

7.2. Interim Application No. 1629 of 2025 is allowed and disposed.

WRIT PETITION NOS. 7130/2016, 6149/2002 & SA No. 749/2024

8. Both the learned Advocates jointly inform the Court that in addition to the above captioned Writ Petitions and Second Appeal,

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there are 8 Writ Petitions and 9 Second Appeals pending in this Court which are required to be heard together and for that matter to be clubbed along with present Writ Petitions and Second Appeal. Their details are as under:-

A. Writ Petitions:-

Writ Petition Nos. 8337/03, 8686/03, 8685/03, 8359/03, 8326/03, 494/04 & 1514/05

B. Second Appeals:-

Second Appeal Nos. 778/24, 779/24, 749/24, 377/24, 495/24, 355/24, 375/24, 376/24 & 356/24

9. It is seen that the above stated Writ Petitions relate to odd years

and even years which are being heard by separate Courts. In that view of the matter, Registrar (Judicial-I) shall ascertain the appropriate Bench for hearing of the present Writ Petitions as well as Second Appeals and place the report before this Court within a period of one weeks from today. He shall also ascertain whether appropriate orders have been passed for clubbing all the above matters together as informed by the learned Advocates. If no such order exists, then learned Advocates shall take appropriate steps in that regard after informing all the Advocates for the parties in the aforesaid Petitions and Second Appeals proceedings.

10. Stand Over to 4th August, 2025.

Digitally signed by RAVINDRA RAVINDRA MOHAN MOHAN AMBERKAR AMBERKAR Date:2025.07.29 16:35:56 +0530

Amberkar

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