Bombay High Court

NANDED MUNICIPAL COUNCIL AT PRESENT NAMED AS NANDED WAGHALA CITY MUNCIPAL CORPORATIONversusHARIBHAU MANOHARRAO MAHAJAN DIED THROUGH HIS LRS KALAWATI HARIBHAU MAHAJAN AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The court held that the respondent's LRs may be placed on record and the abatement set aside, provided the amendment is effected within two weeks and the stipulated cost is deposited if not.

Summary

The Nanded Municipal Council, as appellant, filed an application to have the legal representatives (LRs) of respondent HaribhaU Mahajan placed on the court record and to set aside a previously ordered abatement. The court examined the application and, after hearing counsel, permitted the relief sought. It directed that the necessary amendment be effected within two weeks, imposing a cost of Rs.2,000 to be deposited with the High Court Legal Services Sub‑Committee if the amendment is not made. The order also scheduled the appeal for hearing on 19 October 2026. Thus, the application was allowed subject to the stipulated conditions.

Issues considered

Whether the legal representatives of the respondent can be brought on record
Whether the abatement can be set aside
Whether the court may order amendment within a specified period with a cost condition

Subjects

civil procedure
record of proceedings
abatement
amendment
cost order

Judgment

2026:BHC-AUG:46554

(1) 7 ca 10103.26

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

7 CIVIL APPLICATION NO. 10103 OF 2026
in SECOND APPEAL NO. 437 OF 1994

NANDED MUNICIPAL COUNCIL THR. CHIEF OFFICER NANDED
VERSUS
HARIBHAU MANOHARRAO MAHAJAN AND ANOTHER

…..
Advocate for Appellant : Mr. S.A. Mulla h/f. Radhakrushna K. Ingole
Advocate for Respondents : Mr. A.S. Deshmukh
…..

CORAM : SANJAY A. DESHMUKH, J.
DATE : 05.10.2026

P.C.:-

1. This is an application for bringing the LRs of respondent no.1 on

record and for setting aside the abatement.

2. Perused the application. Heard the learned advocate for the

applicant. Application is allowed as prayed for. Amendment be carried out

within two weeks. If the amendment is not carried out within the stipulated

period, the appellant has to pay / deposit cost of Rs.2,000/- with the High

Court Legal Services Sub-Committee, Aurangabad.

3. Place the appeal for hearing on 19.10.2026.

[SANJAY A. DESHMUKH, J.]
mubashir

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