Bombay High Court

UTTAMRAO NARAYAN PHOPHSE AND OTHERSversusVITTHAL MURLIDHAR BARHATE AND OTHERS

Disposal: DISPOSED OFF
Bench: ABHAY S WAGHWASE

Holding

The Court allowed the applications, granting leave to bring on record the legal representatives of the deceased petitioner.

Summary

The petitioners filed multiple civil applications seeking leave to bring on record the legal representatives of petitioner Vijay Abaji Phopse, who died on 31 December 2025, attaching a death certificate. The respondents raised no objection to the prayer. The Court examined whether procedural rules permitted the amendment to include the deceased's representatives. Finding no impediment and noting the unopposed nature of the request, the Court allowed the applications. It directed that the necessary amendment be effected within one week and thereafter disposed of the applications.

Issues considered

Whether leave can be granted to bring on record the legal representatives of a deceased party in pending civil applications.

Subjects

death of party
legal representatives
amendment of pleadings
civil procedure
leave to amend

Judgment

2026:BHC-AUG:4486


                          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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