Bombay High Court

BALU RAMBHAU GUNDversusTHE DIVISIONAL JOINT REGISTRAR AND OTHERS

Disposal: DISPOSED OFF

Holding

The amendment to include the legal representatives of the deceased respondent is allowed, and the delay in filing the application is condoned.

Summary

The applicant, Balu Rambhau Gund, filed an application seeking to bring on record the legal representatives of the deceased respondent No.5, Bhanudas Narayan Bhagwat, and to amend the title clause of the writ petition accordingly. The court considered whether such an amendment could be permitted despite any delay in filing the application. It held that the amendment was permissible and any delay was condoned. Consequently, the applicant was allowed to incorporate the names of respondents 5‑A and 5‑B as the legal representatives of the deceased. The order also recorded the appearance of counsel for the newly added representatives.

Issues considered

Whether the title clause of the writ petition may be amended to include legal representatives of a deceased respondent.
Whether any delay in filing the amendment application should be condoned.

Subjects

amendment of pleadings
condonation of delay
legal representatives
title clause
civil procedure

Judgment

2026:BHC-AUG:46581



                                                                       CA.11311.2026.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                              CIVIL APPLICATION NO. 11311 OF 2026
                                         IN WP/6162/2024

                                       Balu Rambhau Gund
                                                 vs.
                 The Divisional Joint Registrar Co-operative Societies And Others

                                              ----
            Mr.D.R.Adhav, Advocate h/f. Mr.S.S.Wagh, Advocate for applicant
            Mr.A.V.Lavte, AGP for respondent nos.1 and 2
            Mr.R.K.Temkar, Advocate for respondent nos.3 and 4
            Mr.V.H.Dighe, Advocate for respondent nos.6 and 7 Writ Petition.
                                              ----

                                      CORAM :      AJIT B. KADETHANKAR, J.
                                      DATE  :      SEPTEMBER 30, 2026
            ORDER :-

                        This is an application for bringing on record the legal

            representatives of respondent no.5 – Bhanudas Narayan Bhagwat. The

            legal representatives are mentioned in the title clause of the

            application as respondent nos.5-A and 5-B.


            2.          For   the   reasons   mentioned   in   the   application,   the

            application is allowed.   Delay, if any, caused in filing this application

            stands condoned. The applicant is permitted to amend the title clause

            of the Writ Petition by incoroprating the names of present respondent

            nos.5-A and 5-B as legal representatives of deceased respondent no.5 -

            Bhanudas Narayan Bhagwat.
                                  2                      CA.11311.2026




3.         Upon carrying out the amendment, Mr.Abhay Ostwal,

learned advocate, marks presence (through V.C.) for the said legal

representatives.




                               [AJIT B. KADETHANKAR, J.]
                             ………..


KBP

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