Rajkumar Ramchandra Mishra vs Suresh Ramchandra Mishra and 3 Ors. — Bombay HC (2026) — LawSathi Research

Rajkumar Ramchandra Mishra vs Suresh Ramchandra Mishra and 3 Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

In IA 4931/2025: delay of 66 days condoned; abatement of the suit against Defendant no. 1 set aside; Respondent substituted as Defendant no. 1(a) in place of the deleted Defendant no. 1. In IA 8182/2025: heirs/legal representatives of the deceased Defendant no. 3 added as Defendant nos. 3(a) to 3(c). Both amendments to be carried out forthwith; re-verification dispensed with; both Interim Applications disposed of with no order as to costs; matter stand over to 7 May 2026 at 3:00 pm.

Issue for consideration

Whether the delay of 66 days in filing Interim Application No. 4931 of 2025 ought to be condoned. +2 more

Court's answer

The delay of 66 days in taking out Interim Application No. 4931 of 2025 is condoned.

Ratio / Principle

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

Key takeaways

The Applicant is permitted to delete the name of Defendant no. 1 and add the Respondent as party Defendant no. 1(a) in his place, as per the Schedule of Amendment annexed to IA 4931/2025.ratio¶29
The amendment substituting Defendant no. 1(a) is to be carried out forthwith during the course of the day.ratio¶30
Re-verification is dispensed with in respect of the amendment ordered in IA 4931/2025.ratio

Detailed headnote1 paragraphs

Order dated 4 May 2026 of Farhan P. Dubash J. (High Court of Judicature at Bombay, Ordinary Original Civil Jurisdiction) in Interim Application Nos. 4931 and 8182 of 2025 in Suit No. 506 of 2023 (with Court Receiver Report No. 542 of 2025): (i) the delay of 66 days in taking out IA 4931/2025 was condoned; the abatement of the suit against Defendant no. 1, who died on 15 February 2025, was set aside; and the Plaintiff/Applicant Rajkumar Ramchandra Mishra was permitted to delete Defendant no. 1 and add the Respondent as Defendant no. 1(a) in his place as per the Schedule of Amendment; (ii) the heirs/legal representatives of Defendant no. 3, who died on 24 September 2025, were added as Defendant nos. 3(a) to 3(c) as per the Schedule of Amendment annexed to IA 8182/2025. Both amendments were directed to be carried out forthwith during the course of the day, re-verification was dispensed with, and both Interim Applications were disposed of with no order as to costs. The matter stands 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