Disposed

Gokul Construction Co. v. Sher Mohmmed Azimuddin Sodawala and Ors.

Bombay HC4 Feb 2026IA/3742/2025

Case brief

AI extract

What is this about?

Interim applications in pending suits sought deletion of deceased defendants and impleading of their legal heirs by amending the plaints. The court allowed the applications without objection, permitted amendments within three weeks, directed notice to advocates for absent defendants, and adjourned the suits to March 2026.

What the court decided

AI extract

Gokul Construction Co. vs Sher Mohmmed… — Civil Procedure and Limitation | Bombay HC (2026)

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25-S-3219-2010.doc

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

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SUIT NO. 3219 OF 2010

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GOKUL CONSTRUCTION CO.

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)...PLAINTIFF

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V/s.

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SHER MOHMMED AZIMUDDIN SODAWALA AND OTHERS

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)

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)...DEFENDANTS

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WITH INTERIM APPLICATION NO. 3742 OF 2025

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SUIT NO. 3219 OF 2010

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WITH

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INTERIM APPLICATION NO. 1194 OF 2024

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SUIT NO. 3219 OF 2010

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WITH

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INTERIM APPLICATION NO. 4016 OF 2025

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SUIT NO. 3219 OF 2010

WITH

SUIT NO. 255 OF 2014

WITH

INTERIM APPLICATION (LODGING) NO. 27686 OF 2025

SUIT NO. 255 OF 2014

WITH

INTERIM APPLICATION NO. 3735 OF 2025

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SUIT NO. 2532 OF 2012

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WITH

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SUIT NO. 2532 OF 2012

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WITH

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INTERIM APPLICATION NO. 1058 OF 2024

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SUIT NO. 2532 OF 2012

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ARTI VILAS KHATATE

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WITH

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Digitally signed by ARTI VILAS KHATATE Date: 2026.02.04 20:43:53 +0530

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25-S-3219-2010.doc

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INTERIM APPLICATION NO. 3410 OF 2023

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IN SUIT NO. 2532 OF 2012 WITH INTERIM APPLICATION NO. 4017 OF 2025 IN SUIT NO. 2532 OF 2012

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Mr.Piyush Raheja a/w. Mr.Akash Loya, Ms.Jyoti Ghag and Mr.Shailesh Prajapati i/by Dua Associates, Advocate for the Applicant / Plaintiff in Suits No.3219/2010 and No.2532/2012.

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Mr.Kshitij Shukla, Advocate for the Plaintiff in S/255/2014 and for the Defendant no.54 in S/3219/2010.

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Mr.Maulik Tanna, Advocate for the Defendants no.1 to 27 in Suits No.3219/2010 and No.2532/2012.

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P.C. :

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INTERIM APPLICATION (LODGING) NO. 27686 OF 2025

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IN SUIT NO. 255 OF 2014

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None for the Applicant.

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It is observed that the Interim Application is on logding number.

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Let objections to the Interim Application be removed and

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registered number be obtained within a period of two weeks, failing which, the Interim Application to stand dismissed without further reference to this Court.

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25-S-3219-2010.doc

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SUIT NO. 2532 OF 2012

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When the matter is called out, Mr.Piyush Raheja, learned Counsel, appears for the Applicant / Plaintiff and tenders across the bar a tabular chart containing service to the Defendants.

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From the chart it is gathered that Advocate Mr.Maulik Tanna appears for the Defendants no.1 to 27.

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Learned Counsel submit that since the Defendant no.28 has expired, he has been deleted from the array of parties.

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As regards Defendants no.29(a) to 53, Advocate Mr.Tejas Sanghrajka has been served, however, today none appears for the said Defendants.

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As regards the Defendant no.54, Mr.Kshitij Shukla, learned Counsel, appears and submits that two weeks’ time be granted to file Vakalatnama.

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As regards the Defendants no.55 to 80 are concerned, it is submitted that one firm by name of R.J. Law has filed Vakalatnama, however, none is appearing for the said Defendants today.

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Having heard the learned Counsel, the following order is passed in the Suit:

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25-S-3219-2010.doc

ORDER

(i) Let Vakalatnama on behalf of the Defendant no.54 be filed within a period of two weeks.

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(ii) As regards the Defendants no.29(a) to 53 and Defendants no.55 to 80, let the Registry issue notice to the Advocates on record, returnable on the next date.

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(iii) List on 18^th March 2026 along with pending Suits and all pending applications therein.

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INTERIM APPLICATION NO. 3742 OF 2025 IN SUIT NO. 3219 OF 2010

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This Interim Application seeks deletion of Defendant no.15 in Suit No.3219 of 2010 and to bring on record her legal heirs viz. 15(a) to 15(d). Mr.Tanna, learned Counsel appearing for the legal heirs has no objection if the Interim Application is allowed.

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Having heard the learned Counsel and having considered the submissions, the Interim Application is allowed in terms of prayer clause (a) which reads thus :

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(a) That the Plaintiff be given liberty to amend the plaint in terms of the Schedule annexed hereto.

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Let the amendments be carried out within a period of three weeks. Let the amended proceedings be served in two weeks thereafter and an appropriate Affidavit of service be filed.

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25-S-3219-2010.doc

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The Interim Application, accordingly, stands allowed and disposed as above.

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INTERIM APPLICATION NO. 4016 OF 2025 IN

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SUIT NO. 3219 OF 2010

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This Interim Application seeks deletion of Defendant no.11 in Suit No.3219 of 2010. Mr.Raheja submits that since the legal heirs of the deceased Defendant no.11 are already on record, it would not be necessary to implead them separately. Mr.Tanna, learned Counsel appearing for the legal heirs, submits that the legal heirs are already Defendants no.12 to 16 in the Suit and has no objection if the deletion is permitted.

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Having heard the learned Counsel and having considered the submissions, the Interim Application is allowed in terms of prayer clause (a) which reads thus :

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(a) That the Plaintiff be given liberty to amend the plaint in terms of the Schedule annexed hereto.

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Let the amendments be carried out within a period of three weeks. Let the amended proceedings be served in two weeks thereafter and an appropriate Affidavit of service be filed.

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The Interim Application, accordingly, stands allowed and disposed as above.

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25-S-3219-2010.doc

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INTERIM APPLICATION NO. 3735 OF 2025 IN SUIT NO. 2532 OF 2012

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This Interim Application seeks deletion of Defendant no.15 in Suit No.2532 of 2012 and to bring on record her legal heirs viz. 15(a) to 15(d). Mr.Tanna, learned Counsel appearing for the legal heirs has no objection if the Interim Application is allowed.

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Having heard the learned Counsel and having considered the submissions, the Interim Application is allowed in terms of prayer clause (a) which reads thus :

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(a) That the Plaintiff be given liberty to amend the plaint in terms of the Schedule annexed hereto.

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Let the amendments be carried out within a period of three weeks. Let the amended proceedings be served in two weeks thereafter and an appropriate Affidavit of service be filed.

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The Interim Application, accordingly, stands allowed and disposed as above.

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25-S-3219-2010.doc

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INTERIM APPLICATION NO. 3410 OF 2023 IN

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SUIT NO. 2532 OF 2012

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This Interim Application seeks deletion of Defendant no.13 in Suit No.2532 of 2012 and to bring on record his legal heirs viz. 13(a) to 13(d). Mr.Tanna, learned Counsel appearing for the legal heirs has no objection if the Interim Application is allowed.

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Having heard the learned Counsel and having considered the submissions, the Interim Application is allowed in terms of prayer clause (a) which reads thus :

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(a) That the Plaintiff be given liberty to amend the plaint in terms of the Schedule annexed hereto.

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Let the amendments be carried out within a period of three weeks. Let the amended proceedings be served in two weeks thereafter and an appropriate Affidavit of service be filed.

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The Interim Application, accordingly, stands allowed and disposed as above.

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25-S-3219-2010.doc

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INTERIM APPLICATION NO. 4017 OF 2025 IN

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SUIT NO. 2532 OF 2012

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This Interim Application seeks deletion of Defendant no.11 in Suit No.2532 of 2012. Mr.Raheja submits that since the legal heirs of the deceased Defendant no.11 are already on record, it would not be necessary to implead them separately. Mr.Tanna, learned Counsel appearing for the legal heirs, submits that the legal heirs are already Defendants no.12 to 16 in the Suit and has no objection if the deletion is permitted.

¶107

Having heard the learned Counsel and having considered the submissions, the Interim Application is allowed in terms of prayer clause (a) which reads thus :

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(a) That the Plaintiff be given liberty to amend the plaint in terms of the Schedule annexed hereto.”

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Let the amendments be carried out within a period of three weeks. Let the amended proceedings be served in two weeks thereafter and an appropriate Affidavit of service be filed.

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The Interim Application, accordingly, stands allowed and disposed as above.

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(ABHAY AHUJA, J.)

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Gokul Construction Co. v. Sher Mohmmed Azimuddin Sodawala and Ors.

Case brief

What is this about?

What the court decided

Gokul Construction Co. v. Sher Mohmmed Azimuddin Sodawala and Ors.

Case brief

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