Rajkumar Ramchandra Mishra vs Suresh Ramchandra Mishra — Bombay HC (2026) — LawSathi Research

Rajkumar Ramchandra Mishra vs Suresh Ramchandra Mishra — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Both interim applications allowed and disposed of in terms of the orders passed, with no order as to costs: (i) 66-day delay in filing IA No. 4931 of 2025 condoned; abatement against Defendant no. 1 set aside; Respondent substituted as Defendant no. 1(a) in place of the deceased Defendant no. 1 per the Schedule of Amendment; (ii) Respondents added as Defendant nos. 3(a) to 3(c) in place of deceased Defendant no. 3 per IA No. 8182 of 2025; amendments ordered to be carried out forthwith during the course of the day; re-verification dispensed with in both cases; matter stood over to 7 May 2026 at 3:00 pm.

Issue for consideration

Whether the 66-day delay in taking out Interim Application No. 4931 of 2025 should be condoned, and the heir/legal representative of deceased Defendant No. 1 (died 15 February 2025) brought on record in his place with the abatement of the suit against him set aside. +1 more

Court's answer

The Court condones the delay of 66 days in taking out Interim Application No. 4931 of 2025, being satisfied for the reasons set out in the Interim Application.

Ratio / Principle

The abatement of Suit No. 506 of 2023 against Defendant no. 1 (deceased 15 February 2025) is set aside.

Key takeaways

The Applicant is permitted to delete the name of deceased Defendant no. 1 and add the Respondent as Defendant no. 1(a) in his place, as per the Schedule of Amendment annexed to the Interim Application; the amendment is to be carried out forthwith during the course of the day and re-verification is dispensed with.ratio¶29
By Interim Application No. 8182 of 2025, the Applicant is permitted to delete the name of deceased Defendant no. 3 and add the Respondents as Defendant nos. 3(a) to 3(c) in his place, as per the Schedule of Amendment; the amendment is to be carried out forthwith, re-verification is dispensed with, and the application is disposed of with no order as to costs.ratio¶41

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Judge Farhan P. Dubash, P.C. dated 4 May 2026, in Interim Application No. 4931 of 2025 (taken with Interim Application No. 8182 of 2025 and Court Receiver Report No. 542 of 2025) in Suit No. 506 of 2023, Rajkumar Ramchandra Mishra (Applicant/Plaintiff) v. Suresh Ramchandra Mishra & Ors. (Defendants). (i) By IA No. 4931 of 2025, the Court condoned a 66-day delay in filing, set aside the abatement of the suit against Defendant no. 1 (deceased 15 February 2025), and permitted the Applicant to delete Defendant no. 1 and add the Respondent as Defendant no. 1(a) in his place per the Schedule of Amendment annexed to the application. (ii) By IA No. 8182 of 2025, the heirs and legal representatives of Defendant no. 3 (deceased 24 September 2025) were permitted to be added as Defendant nos. 3(a) to 3(c) in his place, likewise per the Schedule of Amendment. Both amendments were ordered to be carried out forthwith during the course of the day, re-verification was dispensed with, and both applications were disposed of with no order as to costs. The matter was stood over to 7 May 2026 at 3:00 pm.

IA/4931/2025 Rajkumar vs. Suresh

JYOTIPRAKASHPAWAR Digitally signedby JYOTIPRAKASHPAWARDate:2026.05.0419:59:16+0530

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

INTERIM APPLICATION NO. 4931 OF 2025

IN

SUIT NO. 506 OF 2023

Rajkumar Ramchandra Mishra .. Applicant/Plaintiff

V/s.

Suresh Ramchandra Mishra & Ors.

.. Defendants

WITH

COURT RECEIVER REPORT NO. 542 OF 2025

WITH

INTERIM APPLICATION NO. 8182 OF 2025

IN

SUIT NO. 506 OF 2023

Ms. Pooja Pandey for Plaintiff. Ms. Dipti Baniya for Defendants. Ms. Nandini Y. Deshpande , 1^st Assistant to Court Receiver.

CORAM : FARHAN P. DUBASH, J. DATE : 4^th MAY 2026

P.C.:

INTERIM APPLICATION NO. 4931 OF 2025

The present Interim Application seeks to bring on record the heir and legal representative of the deceased – Defendant no. 1, who is stated to have passed away on 15^th February 2025. There is also a prayer which seeks condonation of delay of 66 days in filing the present Interim Application.

Page 1 of 3

------------------------------------Order dated 4^th May 2026

IA/4931/2025 Rajkumar vs. Suresh

For the reasons set out in the Interim Application, this Court is satisfied and is inclined to condone the said delay and allow the present Interim Application. Accordingly, the following order is passed:

ORDER

(i) The delay of 66 days in taking out the present Interim Application is condoned.

(ii) The abatement of the suit against Defendant no. 1 is set aside.

(iii) The Applicant is permitted to delete the name of Defendant no. 1 and add the name of the Respondent as party Defendant no. 1(a) in his place, as per the Schedule of Amendment annexed to the present Interim Application.

(iv) This amendment shall be carried out forthwith during the course of the day.

(v) Re-verification is dispensed with.

(vi) The Interim Application is disposed of in terms of the above, with no order as to costs.

INTERIM APPLICATION NO. 8182 OF 2025

The present Interim Application seeks to bring on record the heirs

Page 2 of 3 ------------------------------------Order dated 4^th May 2026

IA/4931/2025 Rajkumar vs. Suresh

and legal representatives of the deceased – Defendant no. 3 who is stated to have passed away on 24^th September 2025.

For the reasons set out in the Interim Application, this Court is satisfied and is inclined to allow the present Interim Application. Accordingly, the following order is passed:

ORDER

(i) The Applicant is permitted to delete the name of

Defendant no. 3 and add the name of the Respondents as party Defendant nos. 3(a) to 3(c) in his place, as per the Schedule of Amendment annexed to the present Interim Application.

(ii) This amendment shall be carried out forthwith during the course of the day.

(iii) Re-verification is dispensed with.

(iv) The Interim Application is disposed of in terms of the above, with no order as to costs.

Stand over to 7^th May 2026 at 3:00 pm.

( FARHAN P. DUBASH, J. )

Shubham Gadhavepatil

Page 3 of 3 ------------------------------------Order dated 4^th May 2026