Bombay High Court

UTTAMRAO NARAYAN PHOPHSE AND OTHERSversusBAPURAO JANARDHAN BARHATE AND OTHERS

Disposal: DISPOSED OFF
Bench: ABHAY S WAGHWASE

Holding

Leave was granted to bring on record the legal representatives of the deceased petitioner.

Summary

The petitioners filed several civil applications seeking the court’s permission to record the legal representatives of Vijay Abaji Phopse, who died on 31 December 2025, as parties to the proceedings. A death certificate was submitted as evidence. The respondents raised no objection to the request. The court examined the applications and, finding no impediment, granted leave to bring the legal representatives on record. It ordered that the necessary amendments be effected within one week. Consequently, all the applications were allowed and disposed of in accordance with the prayer clauses.

Issues considered

Whether the court may grant leave to record the legal representatives of a deceased petitioner in the pending civil applications

Subjects

death of party
substitution of legal representatives
civil procedure
amendment of pleadings
leave of court

Judgment

2026:BHC-AUG:4485


                          IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                                     BENCH AT AURANGABAD

                              46 CIVIL APPLICATION NO. 1217 OF 2026
                                         IN WP/8578/2015
                     WITH CIVIL APPLICATION NO. 1216 OF 2026 IN WP/8576/2015
                     WITH CIVIL APPLICATION NO. 1214 OF 2026 IN WP/8570/2015
                     WITH CIVIL APPLICATION NO. 1215 OF 2026 IN WP/8569/2015
                     WITH CIVIL APPLICATION NO. 1213 OF 2026 IN WP/8344/2015


                          UTTAMRAO NARAYAN PHOPHSE AND OTHERS
                                              VERSUS
                            AMBADAS LAXMAN BARHATE AND OTHERS
                                                 ...
                Advocate for Applicant : Ms. Yashshree Patwardhan h/f Mr. Sanket S.
                Kulkarni
                Advocate for Respondent Nos. 1 to 9 : Mr. H. H. Padalkar
                                                 ...

                                                  CORAM : ABHAY S. WAGHWASE, J.
                                                   Dated : 02 February, 2026
                PER COURT :-


                1.      All these application are filed seeking leave to bring on record
                the legal representatives of petitioner Vijay Abaji Phopse who is
                reported to have died on 31.12.2025. Copy of death certificate is
                annexed with the applications. The other side has no objection to
                grant the prayer.


                2.      In view of the above, all the civil applications are allowed in
                terms of prayer clauses "A" and "B". Amendment be carried out within
                one week. The applications are accordingly disposed off.




                                                           (ABHAY S. WAGHWASE, J.)


                vre

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