Allowed¶20

Muralidharan Ramamurthy v. Lok Housing and Constructions Ltd.

Bombay HC4 Mar 2026IA/1138/2026

Case brief

AI extract

What is this about?

Substitution of legal representatives of deceased judgment debtor; interim application allowed despite delay in filing; Bombay High Court OOCJ; neutral citation 2026:BHC-OS:7136; 47 IA/1138/2026 in COMEX(L)/654/2020; Muralidharan Ramamurthy (applicant/decree holder) v. Lok Housing and Constructions Ltd; Wadia Ghandy & Co.; affidavit of service dated 9/3/2026; death certificate via proposed heir Ms. Asha Mehta; amendment within three weeks; re-verification dispensed with; Rajesh S. Patil, J.; decided 23 March 2026.

What did the court decide?

Interim application allowed in terms of prayer clauses (a) and (b); amendment to be carried out within three weeks; re-verification dispensed with. ¶20

Muralidharan Ramamurthy vs Lok Housing and Constructions Ltd. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim application allowed in terms of prayer clauses (a) and (b); amendment to be carried out within three weeks; re-verification dispensed with.

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Issue for consideration

Whether the interim application to bring on record the legal representatives of the deceased judgment debtor no.3, notwithstanding the delay in filing, ought to be allowed.

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Court's answer

Despite the delay in filing, the Court was satisfied, after hearing learned counsel and examining the documents including the affidavit of service, that the interim application needed to be allowed.

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Ratio / Principle

The interim application to bring on record the legal representatives of the deceased judgment debtor no.3 is allowed in terms of prayer clauses (a) and (b).

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Key takeaways

Amendment to give effect to the substitution is to be carried out within a period of three weeks from the date of the order.ratio¶21
Re-verification of the amended record is dispensed with.ratio¶22

Detailed headnote1 paragraphs

Bombay High Court, Ordinary Original Civil Jurisdiction (Coram: Rajesh S. Patil, J.), decided 23 March 2026. Interim Application No. 47 IA/1138/2026 in execution petition COMEX(L)/654/2020 (Muralidharan Ramamurthy v. Lok Housing and Constructions Ltd). The applicant/decree holder sought to bring on record the legal representatives of the deceased judgment debtor no.3, filing with some delay. An affidavit of service dated 9/3/2026 recorded service on the proposed heirs of proposed respondent nos.2 and 4 to 8; the packet for the heirs of proposed respondent no.1 was returned 'unclaimed', and the packet for proposed respondent no.3 (the advocate on record for the deceased judgment debtor no.3) was returned with a remark that papers had been sent back to the client. The applicant's affidavit dated 20/3/2026 placed on record the death certificate of the deceased judgment debtor no.3, obtained through proposed heir Ms. Asha Mehta. None appeared for the proposed heirs. Held: the interim application was allowed in terms of prayer clauses (a) and (b); the amendment was directed to be carried out within three weeks; and re-verification was dispensed with.

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2026:BHC-OS:7136

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Diksha Rane 47 IA 1138 2026.doc

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

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47 IA/1138/2026 In

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COMEX(L)/654/2020 MURALIDHARAN RAMAMURTHY VS

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LOK HOUSING AND CONSTRUCTIONS LTD

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Adv. Rohit Agarwal a/w. Adv. Dhruvi Mehta, Adv. Janhavi Kapgate i/b. Wadia Ghandy & Co. for applicant/decree holder.

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CORAM : RAJESH S. PATIL, J.

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DATE : 23 MARCH 2026.

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P.C. :

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1) This interim application has been filed to bring on record the

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legal representatives of the deceased judgment debtor no.3. There is some delay in filing this interim application.

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2) Learned counsel appearing on behalf of the applicant tendered affidavit of service dated 9/3/2026. As per the said affidavit of service, in paragraph 2, it is mentioned that the application is served on the proposed legal heirs of the proposed respondent nos.2, 4 to 8. As regards legal heirs of proposed respondent no.1, packet has returned as “unclaimed” and as regards proposed respondent no.3 who is advocate on record for the deceased judgment debtor no.3, they have returned packet with remark “they have returned the papers to client”.

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Diksha Rane 47 IA 1138 2026.doc

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3) Learned counsel for the applicant has also tendered affidavit dated 20/3/2026 of the applicant by which the applicant has brought on record the death certificate of the deceased judgment debtor no.3 which according to him, has been given to him by one of the proposed legal heirs of the judgment debtor no.3 (Ms. Asha Mehta).

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4) I have heard learned counsel for the applicant and I have gone through the documents on record including the affidavit of service.

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5) None appears on behalf of the proposed legal heirs of the respondents.

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6) After hearing learned counsel and after going through the contents of the interim application, I am satisfied that this interim application needs to be allowed.

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