Nasreen Mohsin Shaikh and Anr. vs Husna Mohsin Shaikh — Bombay HC (2026) — LawSathi Research

Nasreen Mohsin Shaikh and Anr. vs Husna Mohsin Shaikh — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application No. 3167 of 2024 allowed in terms of prayer clause (a): Original Plaintiffs directed to amend the Plaint and pending Interim Applications per the Schedule of Amendment (to implead the Developer as Defendant no. 8) on or before 28 April 2026; amended pleadings to be served on all parties including the newly added Defendant no. 8; Original Plaintiffs permitted to serve the Writ of Summons on the Defendants; no order as to costs.

Issue for consideration

Whether the Interim Application preferred by the original Plaintiffs to implead the Developer as Defendant no. 8 (by amending the Plaint and pending Interim Applications per the Schedule of Amendment) should be allowed.

Court's answer

The Interim Application is allowed in terms of prayer clause (a): the Original Plaintiffs are directed to amend the Plaint and the pending Interim Applications in terms of the Schedule of Amendment annexed to the Interim Application.

Ratio / Principle

The amendment shall be carried out on or before 28th April 2026, and a copy of the amended pleadings shall thereafter be served on all the parties, including the newly added Defendant no. 8, before the next date.

Key takeaways

The matter stands over to 9th June 2026, prior to which date an Affidavit-of-Service evincing service on all the parties shall be filed.ratio¶19
The Original Plaintiffs are permitted to serve the Writ of Summons on the Defendants on or before the next date.ratio¶20
The Interim Application is disposed of in terms of the above order, with no order as to costs.ratio

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Farhan P. Dubash, J., 7 April 2026 — Interim Application No. 3167 of 2024 in Suit No. 7 of 2024, heard together with a matter captioned Nazir Yusuf Shaikh & Ors. v. Ajmera Luxe Realty Private Limited. On an unopposed application by the original Plaintiffs (Nasreen Mohsin Shaikh & Ors.) to implead the Developer as Defendant no. 8, the Court allowed the Interim Application in terms of prayer clause (a), directing amendment of the Plaint and the pending Interim Applications per the annexed Schedule of Amendment on or before 28 April 2026, with copies of the amended pleadings to be served on all parties including the newly added Defendant no. 8. The matter stood over to 9 June 2026 for filing of the Affidavit-of-Service; the Original Plaintiffs were permitted to serve the Writ of Summons on the Defendants; no order as to costs.

37-IA-3467-2024

Nasreen Shaikh Vs. Husna Shaikh

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

INTERIM APPLICATION NO. 3167 OF 2024

IN SUIT NO. 7 OF 2024

Nasreen Mohsin Shaikh & Anr. … Applicants In the matter between Nazir Yusuf Shaikh & Ors. … Plaintiffs V/s. Ajmera Luxe Realty Private Limited … Defendant WITH SUIT NO. 7 OF 2024 Nasreen Mohsin Shaikh & Ors. … Plaintiffs V/s. Nazir Yusuf Shaikh & Ors. … Defendants

Mr. Nitin G. Raut , with Ms. Krisandra Hegde, i/b P Vas & Co., for the Plaintiffs.

Ms. Rishika Mehra i/b Mhatre Law Associates, for Respondent no. 7.

AMOL PREMNATH JADHAV

Digitally signed by AMOL PREMNATH JADHAV Date: 2026.04.09 10:35:29 +0530

CORAM : FARHAN P. DUBASH, J. DATE : 7^th APRIL 2026

P. C.:

The present Interim Application has been preferred by the original Plaintiffs who seeks to implead the Developer as party Defendant no.

There is no opposition to the reliefs sought in the present Interim Application and accordingly the same is required to be allowed in terms of prayer clause (a) by directing the Original Plaintiffs to amend the Plaint and the pending Interim Applications in terms of the Schedule of Amendment

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------------------------------------Order dated 7^th April 2026

37-IA-3467-2024 Nasreen Shaikh Vs. Husna Shaikh

annexed to the present Interim Application. This amendment shall be carried out, on or before 28^th April 2026 and a copy of the amended pleadings shall thereafter be served on all the parties including the newly added Defendant no. 8 before the next date.

Stand over to 9^th June 2026 , prior to which date the Affidavit-ofService evincing service on all the parties shall also be filed.

The Original Plaintiffs are permitted to serve the Writ of Summons on the Defendants, on or before the next date.

The present Interim Application is disposed of in terms of the above order. There shall be no order as to the costs.

( FARHAN P. DUBASH, J. )

Amol

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------------------------------------Order dated 7^th April 2026