Gokul Construction Co. vs Mohammed Azimuddin Sodawala and 79 Ors. — Bombay HC (2026) — LawSathi Research

Gokul Construction Co. vs Mohammed Azimuddin Sodawala and 79 Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

All five decided interim applications (I.A. Nos. 3742/2025 and 4016/2025 in Suit No. 3219/2010; I.A. Nos. 3735/2025, 3410/2023 and 4017/2025 in Suit No. 2532/2012) were allowed in terms of prayer clause (a), giving the Plaintiff liberty to amend the plaint per the annexed Schedule so as to delete deceased defendants (nos. 15 and 11 in Suit 3219/2010; nos. 15, 13 and 11 in Suit 2532/2012) and substitute their legal heirs; amendments to be carried out within three weeks and amended proceedings served within two weeks thereafter with affidavit of service. In Suit No. 2532/2012: Defendant no. 54 to file Vakalatnama within two weeks; Registry to issue notice to advocates on record for Defendants no. 29(a) to 53 and no. 55 to 80, returnable next date; matters relisted for 18th March 2026 with pending suits and applications. Lodged I.A. 27686/2025 in Suit No. 255/2014: objections to be removed and registration obtained within two weeks, failing which it stands dismissed without further reference to the Court.

Issue for consideration

Whether Interim Application (Lodging) No. 27686 of 2025 in Suit No. 255 of 2014, lying unregistered on the lodging number, should have its objections removed and a registered number obtained, and what consequence follows if registration is not secured within two weeks. +6 more

Court's answer

Directions in Interim Application (Lodging) No. 27686 of 2025 in Suit No. 255 of 2014: objections to the application to be removed and a registered number obtained within two weeks; failing that, the application is to stand dismissed without further reference to the Court.

Ratio / Principle

Order in Suit No. 2532 of 2012: (i) Vakalatnama for Defendant no. 54 to be filed within two weeks; (ii) Registry to issue notice to the advocates on record for Defendants no. 29(a) to 53 and no. 55 to 80, returnable on the next date; (iii) matters to be listed on 18th March 2026 along with the pending suits and all pending applications.

Key takeaways

Interim Application No. 3742 of 2025 in Suit No. 3219 of 2010 is allowed in terms of prayer clause (a), granting liberty to amend the plaint per the annexed Schedule (deletion of Defendant no. 15 and substitution of her legal heirs 15(a) to 15(d)); amendments to be carried out within three weeks, amended proceedings served within two weeks thereafter, with affidavit of service filed.ratio¶72
Interim Application No. 4016 of 2025 in Suit No. 3219 of 2010 is allowed in terms of prayer clause (a), granting liberty to amend the plaint per the annexed Schedule (deletion of Defendant no. 11, his legal heirs already being Defendants nos. 12 to 16); amendments within three weeks, service of amended proceedings within two weeks thereafter with affidavit of service.ratio¶81

Detailed headnote1 paragraphs

Bombay High Court, Ordinary Original Civil Jurisdiction (Abhay Ahuja, J.; order-sheet digitally signed 04.02.2026) — consolidated order across Suit No. 3219 of 2010 (Gokul Construction Co. v. Sher Mohmmed Azimuddin Sodawala and Others), Suit No. 2532 of 2012, and Interim Application (Lodging) No. 27686 of 2025 in Suit No. 255 of 2014. Five interlocutory applications seeking deletion of deceased defendants — no. 15 (I.A. 3742/2025) and no. 11 (I.A. 4016/2025) in Suit 3219/2010; nos. 15 (I.A. 3735/2025), 13 (I.A. 3410/2023) and 11 (I.A. 4017/2025) in Suit 2532/2012 — were uniformly ALLOWED in terms of prayer clause (a), granting liberty to amend the plaint per the annexed Schedule to bring on record the legal heirs (15(a)-(d) and 13(a)-(d)); amendments within three weeks; amended proceedings to be served in further two weeks with affidavit of service. Suit 2532/2012: Defendant no. 28 reported expired and deleted from the array of parties; Defendant no. 54 ordered to file Vakalatnama within two weeks; Registry to notify advocates on record for Defendants 29(a)-53 (Tejas Sanghrajka served, none present) and 55-80 (R.J. Law, Vakalatnama filed, none present); relisted 18 March 2026 with pending suits and applications. Lodged I.A. 27686/2025 (Suit 255/2014): objections to be removed and registered number obtained within two weeks, failing which the application stands dismissed without further reference to the Court. The caption additionally lists I.A. 1194/2024 (Suit 3219/2010) and I.A. 1058/2024 (Suit 2532/2012), on which no separate order appears in the present order-sheet. No statute or precedent is cited in this document.

Issues for consideration

7 issues framed by the court

AI extract

1.
Whether Interim Application (Lodging) No. 27686 of 2025 in Suit No. 255 of 2014, lying unregistered on the lodging number, should have its objections removed and a registered number obtained, and what consequence follows if registration is not secured within two weeks.¶53
The court held
Directions in Interim Application (Lodging) No. 27686 of 2025 in Suit No. 255 of 2014: objections to the application to be removed and a registered number obtained within two weeks; failing that, the application is to stand dismissed without further reference to the Court.ratio¶53
2.
In Suit No. 2532 of 2012, how representation of the unrepresented defendants (nos. 29(a) to 53 and 55 to 80) is to be secured through their advocates on record, and within what time Defendant no. 54 is to file his Vakalatnama.¶68
The court held
Order in Suit No. 2532 of 2012: (i) Vakalatnama for Defendant no. 54 to be filed within two weeks; (ii) Registry to issue notice to the advocates on record for Defendants no. 29(a) to 53 and no. 55 to 80, returnable on the next date; (iii) matters to be listed on 18th March 2026 along with the pending suits and all pending applications.ratio¶68
3.
Whether Interim Application No. 3742 of 2025 in Suit No. 3219 of 2010, seeking deletion of Defendant no. 15 and bringing on record her legal heirs 15(a) to 15(d) by amendment of the plaint, should be allowed.¶71
The court held
Interim Application No. 3742 of 2025 in Suit No. 3219 of 2010 is allowed in terms of prayer clause (a), granting liberty to amend the plaint per the annexed Schedule (deletion of Defendant no. 15 and substitution of her legal heirs 15(a) to 15(d)); amendments to be carried out within three weeks, amended proceedings served within two weeks thereafter, with affidavit of service filed.ratio¶72
4.
Whether Interim Application No. 4016 of 2025 in Suit No. 3219 of 2010, seeking deletion of Defendant no. 11 whose legal heirs are already on record as Defendants nos. 12 to 16, should be allowed.¶80
The court held
Interim Application No. 4016 of 2025 in Suit No. 3219 of 2010 is allowed in terms of prayer clause (a), granting liberty to amend the plaint per the annexed Schedule (deletion of Defendant no. 11, his legal heirs already being Defendants nos. 12 to 16); amendments within three weeks, service of amended proceedings within two weeks thereafter with affidavit of service.ratio¶81
5.
Whether Interim Application No. 3735 of 2025 in Suit No. 2532 of 2012, seeking deletion of Defendant no. 15 and bringing on record her legal heirs 15(a) to 15(d) by amendment of the plaint, should be allowed.¶88
The court held
Interim Application No. 3735 of 2025 in Suit No. 2532 of 2012 is allowed in terms of prayer clause (a), granting liberty to amend the plaint per the annexed Schedule (deletion of Defendant no. 15 and substitution of her legal heirs 15(a) to 15(d)); amendments within three weeks, service of amended proceedings within two weeks thereafter with affidavit of service.ratio¶89
6.
Whether Interim Application No. 3410 of 2023 in Suit No. 2532 of 2012, seeking deletion of Defendant no. 13 and bringing on record his legal heirs 13(a) to 13(d) by amendment of the plaint, should be allowed.¶97
The court held
Interim Application No. 3410 of 2023 in Suit No. 2532 of 2012 is allowed in terms of prayer clause (a), granting liberty to amend the plaint per the annexed Schedule (deletion of Defendant no. 13 and substitution of his legal heirs 13(a) to 13(d)); amendments within three weeks, service of amended proceedings within two weeks thereafter with affidavit of service.ratio¶98
7.
Whether Interim Application No. 4017 of 2025 in Suit No. 2532 of 2012, seeking deletion of Defendant no. 11 whose legal heirs are already on record as Defendants nos. 12 to 16, should be allowed.¶106
The court held
Interim Application No. 4017 of 2025 in Suit No. 2532 of 2012 is allowed in terms of prayer clause (a), granting liberty to amend the plaint per the annexed Schedule (deletion of Defendant no. 11, his legal heirs already being Defendants nos. 12 to 16); amendments within three weeks, service of amended proceedings within two weeks thereafter with affidavit of service.ratio¶107