Bombay High Court

ABDUL AZIZ SK MEHBOOB DIED THR LRS JAURABAI SINCE DECEASED THR LRS MD. MUSTAK AZIZ QURESHI AND ORS.versusTHE STATE OF MAHARASHTRA, THROUGH COLLECTOR AURANGABAD AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the legal representatives of the deceased appellant may be brought on record and the cause title may be amended accordingly.

Summary

The applicants, who are the legal heirs of the deceased appellant Abdul Aziz, filed a civil application seeking to be brought on record as the legal representatives of the deceased. The deceased had died on 03-07-2026, and the applicants asserted that they are the sole legal heirs. The primary question before the court was whether the court could permit the substitution of the deceased appellant with his legal representatives and amend the cause title accordingly. The court examined the procedural provisions governing substitution of parties and found no impediment to allowing the representation. Consequently, the court allowed the application, directing that the cause title of the first appeal be amended within two weeks and that amended copies be served to the opposite party. The application was thereafter disposed of.

Issues considered

Whether the legal representatives of the deceased appellant can be brought on record in the appeal
Whether the cause title of the appeal may be amended to reflect the substitution

Subjects

legal representatives
succession
amendment of cause title
civil procedure
substitution of parties

Judgment

2026:BHC-AUG:44173-DB


                                                1              11-CA 10810-2026.odt



                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                                 CIVIL APPLICATION NO. 10810 OF 2026
                                            IN FA/1977/2025
                 Abdul Aziz s/o Sk. Mehboob
                 Died Through L.Rs.
                 Jaurabi Shaikh Ajij
                 Since deceased through L.Rs.
                 Mohammad Mustak Aziz Qureshi And Others                  .. Applicants

                        Versus

                 The State of Maharashtra And Another                     .. Respondents

                 Mr. Anand P. Bhandari & Mr. R. P. Totala, Advocate h/f Mr.
                 Shubham Rahate, Advocate for Applicants.
                 Mr. N. S. Tekale, AGP for Respondent No. 1.
                 Mr. S. V. Deshmukh, Advocate for Respondent No. 2.

                                        CORAM : KISHORE C. SANT AND
                                                JITENDRA JAIN, JJ.
                                         DATE       :   24th SEPTEMBER, 2026.

                 PER COURT :-

                 1.     Heard.


                 2.     This application is filed for bringing on record legal

                 representatives of deceased appellant No. 1 namely Abdul Aziz s/o

                 Sk. Mehboob. The deceased died on 03.07.2026. The applicants

                 shown as 1-A to 1-J are the legal representatives of the deceased.

                 It is submitted that these are the only legal heirs of deceased
                                  2             11-CA 10810-2026.odt


appellant No. 1.


3.       Considering above, the civil application stands allowed.

Necessary amendment be carried out in the cause title of the first

appeal within two weeks from today. Amended copies be given to

other side.


4.       With this, the civil application stands disposed of.



( JITENDRA JAIN, J.)                          ( KISHORE C. SANT, J. )



P.S.B.

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