Bombay High Court

VAIJINATH RAMLING SWAMI DECEASED THROUGH LRS. BHAGIRATHIBAI AND ORS.versusNARAYAN SHAMAJI PARMAR AND ANOTHER.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: Y G KHOBRAGADE

Holding

The court held that the name of the deceased non‑applicant may be replaced as there was no objection from the original non‑applicant.

Summary

The applicants sought to replace the name of the deceased non‑applicant, Narayan Shamaji Parmar, with Tanaji Nanasaheb Deshmukh, who claims to be the Chairman of Bada Hanuman (Balaji) Mandir Trust. The counsel for the original non‑applicant did not object and even supported the substitution. The court therefore permitted the replacement, directing the applicants to amend the documents within two weeks and to issue notice to the newly named non‑applicant, with the service of notice waived. The prayer clause was allowed. A separate civil application was adjourned to 23 February 2026 at the request of both parties.

Issues considered

Whether the name of a deceased non‑applicant can be substituted with another person in the proceedings
Whether the court may order amendment of parties without serving notice

Subjects

trust law
civil procedure
amendment of parties
charitable trust
name substitution
court order

Judgment

                                1                     945ca12481.25



     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                   BENCH AT AURANGABAD

            945 CIVIL APPLICATION NO. 12481 OF 2025
                         IN FA/778/2021
                              WITH
              CIVIL APPLICATION NO. 14218 OF 2017
                         IN FA/778/2021

      VAIJINATH RAMLING SWAMI DECEASED THROUGH LRS.
                     BHAGIRATHIBAI AND ORS.
                              VERSUS
           NARAYAN SHAMAJI PARMAR AND ANOTHER.
                                  ...
          Advocate for Applicants : Mr. Jadhavar Santosh S.
        Advocate for Respondent No. 1 : Mr. V.V.Bhavthankar.
             AGP for Respondent No. 2 : Mr. S.S.Dande
                                  ...


                             CORAM : Y.G. KHOBRAGADE, J.
                             DATE : 20.02.2026



PER COURT :

ORDER IN CIVIL APPLICATION NO. 12481 OF 2025 IN FA/ 778
/2021 :-


1.         Heard the learned counsel Mr. S.S. Jadhavar, appearing for

the applicants and learned counsel Mr. Bhavthankar, appearing for the

non applicant No. 1 and the learned APP Mr. S.S.Dande,s appearing for

the respondent No. 2- the Charity Commissioner.


2          By the present application, the applicants are praying for the

replacement of name of non-applicant No. 1 Narayan Shamaji Parmar

(deceased) by the name Tanaji Nanasaheb Deshmukh, who claimed to be

the Chairman of Bada Hanuman (Balaji) Mandir, Trust, Ambejogai, Tq.

Ambejogai, District Beed.
                                  2                      945ca12481.25



3.           The learned counsel Mr. Bhavthankar, appearing for the

original non applicant No. 1 and now holding for Tanaji Nanasaheb

Deshmukh, who allegedly been the Chairman of the said Trust, raised no

objection. Therefore, the applicants are permitted to replace the name of

Narayan Shamaji Parmar (deceased) with the name of Tanaji Nanasaheb

Deshmukh.


4.           Accordingly, the prayer Clause ( C ) is allowed.


5.           The applicants to carry out necessary amendment within a

period of two weeks from today.


6.           After the amendment is carried out, issue notice to the newly

replaced non applicant i.e. Tanaji Nanasaheb Deshmukh.


7.           The learned counsel Mr. Bhavthankar, waives service of

notice for respondent No. 1.



ORDER IN CIVIL APPLICATION NO. 14218 OF 2017 IN FA/778/

2021:-


1.           At the request of learned counsel appearing for both the

parties, stand over to 23.02.2026, at 2.30 p.m.




                                      ( Y.G. KHOBRAGADE, J.)


mahajansb/

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