Manan Nipun Thakkar and Anr. vs Nipun Thakkar and 6 Ors. — Bombay HC (2025) — LawSathi Research

Manan Nipun Thakkar and Anr. vs Nipun Thakkar and 6 Ors. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Prayer Clauses (b) and (c) of Interim Applications No. 920 of 2025 and No. 888 of 2025 granted: the Applicants (sons of the deceased Execution Applicant Nipun Ishwardas Thakkar) permitted to be brought on record as his legal representatives and to amend the Execution Application and proceedings filed therein per the annexed Schedule; amendments to be carried out within two weeks and amended proceedings served on the other parties within two weeks thereafter, with affidavit of service to be filed; the two Interim Applications allowed and disposed accordingly.

Issue for consideration

Whether the sons of the deceased Execution Applicant, Nipun Ishwardas Thakkar, should be permitted to be brought on record as legal representatives in place of the deceased Applicant in the two Execution Applications, notwithstanding the Respondents' preliminary objection that all three heirs must be brought on record. +1 more

Court's answer

The Court held that Interim Applications No. 920 of 2025 and No. 888 of 2025 be allowed in terms of prayer Clauses (b) and (c), permitting the Applicants (sons of the deceased Applicant) to be brought on record as legal representatives of the deceased Applicant, Mr. Nipun Ishwardas Thakkar.

Ratio / Principle

In implementing prayer Clause (c), the Applicants were permitted to amend the Execution Application and all proceedings filed therein in terms of the Schedule annexed to the Applications.

Key takeaways

The affidavits of the widow of the deceased Applicant, Mrs. Vijayaben Nipun Thakkar, clearly consenting to and granting no objection to the substitution of her sons formed the basis on which the Applications were allowed despite the Respondents' preliminary objection that all three heirs be brought on record.ratio¶22

Detailed headnote1 paragraphs

Bombay High Court (O.O.C.J.), Abhay Ahuja, J.; decided 24 June 2025. Interim Applications No. 920 of 2025 (in Execution Application No. 1780 of 2015) and No. 888 of 2025 (in Execution Application No. 129 of 2014), filed by the sons of the deceased Execution Applicant Nipun Ishwardas Thakkar seeking substitution as legal representatives, were allowed in terms of prayer Clauses (b) and (c): the Applicants were permitted to be brought on record as legal representatives of the deceased Applicant and to amend the Execution Application and proceedings filed therein in terms of the annexed Schedule. The preliminary objection of Respondents No. 5(a) to 5(d) that all three heirs must be brought on record had been considered earlier by this Court (Coram: R. I. Chagla, J.) on 15 April 2025, which had directed the widow to file a consent affidavit; that affidavit of Mrs. Vijayaben Nipun Thakkar dated 17 April 2025 recording her no objection, together with her counsel's confirmation on the hearing date, satisfied the Court. Amendments to be carried out within two weeks and amended proceedings served on the other parties within two weeks thereafter, with affidavit of service. The cause title also carries connected Interim Applications No. 275 of 2019 (Ex.A. 129/2014) and No. 274 of 2019 (Ex.A. 1780/2015); no separate order on those two appears in this text.

IAL 275-19 in EXA 129-14 @ connected matter.doc

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

INTERIM APPLICATION (L) NO. 275 OF 2019 IN

EXECUTION APPLICATION NO. 129 OF 2014

Nipun Thakkar V/s.

Ramesh Nanlal Shah and Ors.

...Applicant

...Respondents

WITH INTERIM APPLICATION NO. 920 OF 2025

IN EXECUTION APPLICATION NO. 1780 OF 2015 WITH INTERIM APPLICATION NO. 888 OF 2025 IN EXECUTION APPLICATION NO. 129 OF 2014 WITH INTERIM APPLICATION NO. 274 OF 2019 IN EXECUTION APPLICATION NO. 1780 OF 2015

Mr. Rubin Vakil with Ms. Disha Mehta and Ms. Anjali Gupta i/b King Shubb and Kasiva for the Applicants.

Mr. Dishang Shah i/b Mr. Piyush Shah for the Respondents No. 5(a) to 5(d).

Mr. Pratik Shah for Mrs. Vijayaben Nipun Thakkar.

CORAM : ABHAY AHUJA, J. DATE : 24^th JUNE, 2025

P.C. :

Interim Applications No. 920 of 2025 and 888 of 2025

Pursuant to the earlier orders of this Court, today when the

matter is called out, Mr. Vakil, learned Counsel appears for the mother

of the Applicants in both the Applications and submits that the

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IAL 275-19 in EXA 129-14 @ connected matter.doc

affidavits filed by the mother viz. Vijayaben Nipun Thakkar, wife of the deceased-Applicant has clearly consented and granted her no objection to the two Applications being allowed to enable her sons – Applicants to be substituted in place and stead of her late husband viz. Nipun Ishwardas Thakkar in the two Execution Applications along with the Applications filed therein.

Mr. Shah, learned Counsel appearing for the Respondents No. 5(a) to 5 (d) reiterates his preliminary objection that all the three heirs need to be brought on record.

It is observed that the said objection had been considered by this Court (Coram: R. I. Chagla, J.) on 15^th April, 2025 and thereafter, this Court had directed the filing of the affidavit of the mother of the Applicants viz. the wife of the deceased Execution Applicant, giving her consent to the present Applicants seeking their substitution in place and stead of the deceased Applicant.

Today, Mr. Pratik Shah, learned Counsel appears for the mother and conveyed her no objection. As submitted above, the affidavit of Mrs. Vijayaben Nipun Thakkar dated 17^th April, 2025, also suggests that she has no objection.

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IAL 275-19 in EXA 129-14 @ connected matter.doc

Accordingly, having heard the learned Counsel and having

considered their submissions, this Court is of the view that the two Applications be allowed in terms of the prayer Clauses (b) and (c), which read thus:-

“b. This Hon’ble Court be pleased to permit the Applicants to bring on records Applicants as legal representative of the deceased Applicant i.e. Mr. Nipun Ishwardas Thakkar.

c. This Hon’ble Court be pleased to permit the Applicants to amend the Execution Application and all the proceedings filed therein, if any, in terms of the Schedule annexed hereto.”

Let the amendments be carried out within a period of two weeks

and let the amended proceedings be served on the others within a period of two weeks thereafter and affidavit of service in that regard be filed.

The two Interim Applications are accordingly allowed and disposed as above.

Digitally signed by NIKITA NIKITAYOGESH YOGESH GADGIL GADGIL Date:2025.06.26 15:26:53 +0530

(ABHAY AHUJA, J.)

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