Interim Order 1

Order Details: Order on Exhibit
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IN THE COURT OF SMALL CAUSES AT MUMBAI
( BANDRA BRANCH)
ORDER BELOW EXHIBIT – 14
IN
EXECUTION APPLICATION NO. 42 OF 2022
(CNR No. :- MHSCA3-000441-2022)
IN
R.A.E. & R. SUIT NO. 342/781 OF 2003
1. Shri Vinaykumar P. Sadh and Ors., ... Plaintiffs/
Decree Holders.
Versus
1) Mr. Navnitlal Gordhandas Jani and Anr., ... Defendants/
Judgment Debtors.
And
1. Mrs. Raj Rajeshwari Vinaykumar Sadh and Ors. … Applicants.
Apperance:-
Mr. R. P. Dwivedi …. Ld. Advocate for the Applicants.
Coram: R. R. Kale,
Judge, C. R. No. 36.
Date : 23/02/2026.
ORDER:-
Present application is taken out by the applicants for
permission to carry out amendment in the execution petition as per
schedule.
2. The applicants in their application in brief submit that, on
account of reasons stated in the application, since the decree holder
No. 1 has expired on 02/11/2025 i.e. during pendency of the
execution petition, they may kindly be permitted to delete his name
/home/steno36/8. R. R. Kale/2026/Orders/2. February, 2026/23-02-2026/EXH-14 Exe. Application 42 of 2022 - bring legal heirs of deceased plaintiff on record.odt KCP
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2 EXH-14 Execution Application No. 42 of 2022
and bring their names on record of the execution petition as they are
his legal heirs. Hence, they may be allowed to carry out the
amendment in the main execution petition as per schedule annexed
to the application. Lastly, they have prayed for allowing their
application.
3. The judgment debtors have filed their reply vide Exh. 15
and submitted that, none of the applicants had produced any
documents like succession certificate, probate, letter of
administration etc. to show that, they are having alleged relation
with the deceased decree holder and also an heir of the deceased are
entitled for alleged property rights. Under the circumstances, they are
not entitled to bring on record unless and until they prove that they
are the only legal heirs and representatives of the deceased. The
present application does not sustain and deserves to be dismissed
with heavy compensatory cost. Lastly, they have urged for dismissal
of the application.
4. Heard both sides at length. Perused the record and
Roznama. The perusal of application, say and the copy of the death
certificate of deceased decree holder No. 1 go to show that, the
original decree holder No. 1 has expired on 02/11/2025 and the
present application is moved by the applicants on 08/12/2025.
Article 120 of the Limitation Act, 1963 provides the statutory period
of 90 days to bring the legal representatives/legal heirs of a deceased
plaintiff or of a deceased defendant from the date of death of such
plaintiff or defendant as the case may be.
5. Thus, it appears that, application is filed within law of
limitation. Moreover, the fact of death of original decree holder No. 1
on 02/11/2025 is not in dispute. The fact is that, the right to sue
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survives to the surviving legal heirs of deceased decree holder No. 1
as mentioned in the application. Therefore, in this backdrop
application can be allowed. Thus, the order follows:-
: ORDER :
1. Application vide Exh. 14 stands allowed.
2. The applicants are allowed to carry out the necessary
amendment in the main execution petition as per schedule
annexed to the application on or before next date.
3. The copies of amended execution petition be filed on record
as well as be supplied to the other side.
(Dictated and pronounced in Open Court.)
(R. R. Kale)
Date : 23/02/2026. Judge, C. R. No.36.
Order dictated on computer : 23/02/2026.
Order checked & signed on : 23/02/2026.
/home/steno36/8. R. R. Kale/2026/Orders/2. February, 2026/23-02-2026/EXH-14 Exe. Application 42 of 2022 - bring legal heirs of deceased plaintiff on record.odt KCP
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