Subhash Parmanand Muzumdar vs Rekha Ashok Muzumdar — Bombay HC (2026) — LawSathi Research

Subhash Parmanand Muzumdar vs Rekha Ashok Muzumdar — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Delay of 4699 days condoned; Plaint permitted to be amended per the Schedule annexed to Interim Application (L) No. 36342 of 2025, substituting Plaintiff Nos. 1A and 1B for the deceased original Plaintiff No. 1; reverification dispensed with; amendment to be carried out on or before 19th January 2026; amended Plaint to be served on Defendants on or before 27th January 2026 with Affidavit-of-Service filed before the next date; no orders as to costs; cause title of Interim Application No. 4072 of 2025 likewise to be amended by 19th January 2026; that Interim Application placed for consideration on 2nd February 2026.

Issue for consideration

Whether the delay of 4699 days in filing Interim Application (L) No. 36342 of 2025, which seeks amendment of Testamentary Suit No. 42 of 2001 to bring on record the legal heirs and representatives of deceased Plaintiff No. 1, ought to be condoned. +1 more

Court's answer

The Court held that sufficient cause had been made out for condoning the 4699-day delay, accepting the explanation that the omission arose from the Chamber Summons of 2013 (whose Affidavit-in-Support disclosed the heirs but sought substitution only for 'Deceased No. 1') and that the inadvertent mistake went unnoticed until there was a change in Advocates appearing for the Plaintiffs.

Ratio / Principle

The delay of 4699 days in filing the Interim Application was expressly condoned.

Key takeaways

The Plaint was permitted to be amended in terms of the Schedule annexed to the Interim Application, bringing Plaintiff Nos. 1A and 1B on record in place of the deceased original Plaintiff No. 1; reverification was dispensed with, the amendment to be carried out on or before 19th January 2026 and the amended Plaint served on the Defendants on or before 27th January 2026.ratio¶32
The oral request to amend the cause title of Interim Application No. 4072 of 2025 in terms of the same Schedule was granted; the cause title is to be amended on or before 19th January 2026.ratio¶40

Detailed headnote1 paragraphs

Bombay High Court (Testamentary and Intestate Jurisdiction), Farhan P. Dubash, J., 12th January 2026: In Interim Application (L) No. 36342 of 2025 in Testamentary Suit No. 42 of 2001 (in Testamentary Petition No. 208 of 2001), Subhash Parmanand Muzumdar v. Rekha Ashok Muzumdar, the Court condoned a delay of 4699 days in an application seeking amendment of the Plaint to bring on record the legal heirs of deceased Plaintiff No. 1 (who passed away on 1st October 2012) as Plaintiff Nos. 1A and 1B. Sufficient cause was found: a Chamber Summons No. 95 of 2013 (allowed by consent on 7th January 2014) had disclosed the heirs of deceased Plaintiff No. 1 and Defendant No. 1 in its Affidavit-in-Support yet inadvertently sought substitution only for 'Deceased No. 1'; the error surfaced only upon a change in the Plaintiffs' Advocates. The Plaint was permitted to be amended per the Schedule annexed, reverification dispensed with, amendment due by 19th January 2026 and service of the amended Plaint by 27th January 2026, with no orders as to costs. The cause title of the earlier Interim Application No. 4072 of 2025 was likewise permitted to be amended on the same Schedule, and that application was listed for consideration on 2nd February 2026.

34A.IA(L)/36342/2025 with IA/4072/2025 Subhash Vs. Rekha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY TESTAMENTARY AND INTESTATE JURISDICTION

INTERIM APPLICATION (L) NO. 36342 OF 2025 IN

TESTAMENTARY SUIT NO. 42 OF 2001 IN

TESTAMENTARY PETITION NO. 208 OF 2001

Subhash Parmanand Muzumdar … Applicant

In the matter between

Dr. Kumudish Parmanand Muzumdar (since deceased) & Anr.

… Plaintiffs

V/s.

Rekha Ashok Muzumdar … Defendants

Adv. Karan Bhosale, Adv. Harsh Savant a/w. Adv. Anuja Divadkar and Adv. Yashwant Singh i/b. NDB Law for Applicant/ Plaintiffs.

Adv. V. S. Kapse for Defendant.

CORAM : FARHAN P. DUBASH, J.

DATE : 12^th JANUARY 2026

P. C.:

INTERIM APPLICATION (L) NO. 36342 OF 2025

The present Interim Application seeks amendment to the

Testamentary Suit bearing No. 42 of 2001 to bring on record the legal heirs

Page 1 of 5 ------------------------------------Order dated 12^th January 2026

34A.IA(L)/36342/2025 with IA/4072/2025 Subhash Vs. Rekha

and representatives of the deceased Plaintiff No. 1 who passed away on 1^st October 2012. There is a delay of 4699 days in filing the present Interim Application.

The reason for this delay is sufficiently explained in the present Interim Application. It appears that on or about January 2013, the Applicant/Plaintiff No. 2 had preferred Chamber Summons No. 95 of 2013. In paragraph 1 of the Affidavit-in-Support of the said Chamber Summons, it is clearly set out that the said Chamber Summons seeks to bring on record the legal heirs and representatives of the deceased Plaintiff No. 1 and Defendant No. 1. In paragraph No. 2 it is set out that Plaintiff No. 1 had expired on 1^st October 2012 leaving behind his wife and daughter as his legal heirs. However, inadvertently it appears that though these particulars were set out in the Affidavit-in-Support of the said Chamber Summons, the only relief sought was to bring on record the legal heirs and representatives of Deceased No. 1. By an order dated 7^th January 2014, the said Chamber Summons came to be allowed by consent of parties and the Plaintiff was permitted to amend the Plaint in terms of the Schedule annexed therein.

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------------------------------------Order dated 12^th January 2026

34A.IA(L)/36342/2025 with IA/4072/2025 Subhash Vs. Rekha

Due to the passage of time, this inadvertent mistake went unnoticed until there was a change in Advocates appearing on behalf of the Plaintiffs. This has prompted the Plaintiffs to now prefer the present Interim Application.

Mr. Karan Bhosale, learned Counsel who appears on behalf of the Applicant/Plaintiff has taken me through the averments in the present Interim Application. For the reasons stated therein, I am of the view that sufficient cause has been made out for condoning the said delay. Accordingly,

the present Interim Application is allowed in terms of the following order :

:: ORDER ::

(i) Delay of 4699 days in filing the present

Interim Application is hereby condoned and the Applicant/Plaintiff is permitted to amend the Plaint in terms of the Schedule annexed to the present Interim Application and bring on record Plaintiff Nos. 1A and 1B in place of the deceased original Plaintiff No.1. Reverification is dispensed with.

(ii) Present Interim Application is accordingly

disposed of with no orders as to costs.

Page 3 of 5 ------------------------------------Order dated 12^th January 2026

34A.IA(L)/36342/2025 with IA/4072/2025 Subhash Vs. Rekha

(iii) This Amendment shall be carried out on or

before 19^th January 2026. A copy of the amended Plaint shall be served on the Defendants on or before 27^th January 2026 and an Affidavit-of-Service to that effect shall be filed before the next date.

INTERIM APPLICATION NO. 4072 OF 2025

Mr. Bhosale, learned Counsel who appears on behalf of the Plaintiff states that his clients have also filed an earlier Interim Application bearing No. 4072 of 2025 for seeking various interim reliefs. He makes an oral request that the cause title of the said Interim Application be permitted to be amended in terms of the same Schedule that is annexed to the Interim Application (L) No. 36342 of 2025 for which amendment has been permitted to be carried out in the Plaint. The said request is granted. Cause title of the said Interim Application shall also be amended on or before 19^th January 2026. A copy of the amended Plaint shall be served on the Defendants on or before 27^th January 2026 and an Affidavit-of-Service shall be filed before the next date.

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------------------------------------Order dated 12^th January 2026

34A.IA(L)/36342/2025 with IA/4072/2025 Subhash Vs. Rekha

Mr. Kapse, learned Counsel who appears on behalf of the Defendants tenders a copy of an Affidavit-in-Reply dated 3^rd July 2025 to the said Interim Application on behalf of the Defendant Nos. 1A to 1C. The same is taken on record.

Plaintiffs have filed an Affidavit-in-Rejoinder dated 16^th December 2025. The same is also taken on record.

Place the Interim Application for consideration on 2^nd February 2026.

( FARHAN P. DUBASH, J. )

Ajay Jadhav 34.IA(L)/36342/2025 & IA/4072/2025

Digitally signed by JYOTI JYOTI PRAKASH PRAKASH PAWAR PAWAR Date: 2026.01.14 19:13:33 +0530

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------------------------------------Order dated 12^th January 2026