Bombay High Court

PANDU RAGHU WAGH AND ORSversusTHE STATE OF MAHARASHTRA THR COLLECTOR, AHMEDNAGAR AND ORS

Disposal: PARTLY ALLOWED AND PARTLY DISMISSED

Holding

Since the heirs' names were already on record in the State's appeals, the claimants' applications to bring them on record are allowed.

Summary

The claimants filed multiple civil applications seeking to have the legal heirs or representatives of the deceased claimant placed on record in the appeals. The State had already listed these heirs in its own appeals, raising the question of whether the claimants needed a separate amendment. The Court examined the procedural requirement and found that since the heirs' names were already on record, the claimants' applications could be allowed. Accordingly, the Court ordered that the amendment be effected within one week. The applications were then disposed of.

Issues considered

Whether the legal heirs/representatives of a deceased claimant can be brought on record through a separate amendment when their names are already recorded in the State's appeals

Subjects

legal heirs
representation of deceased
amendment
civil application
high court
procedural law

Judgment

                                                                           913 LRs Applications.odt


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD
           913 CIVIL APPLICATION NO. 12576 OF 2021
                          IN FA/2906/2021
       Parvatabai Kusa Gudnar (died) Thr Lrs Bhagwan And Ors.
                              VERSUS
     The State Of Maharashtra Thr. Collector, Ahmednagar And Ors.
                                 ….
                               WITH
               CIVIL APPLICATION NO. 12578 OF 2021 IN FA/2907/2021
               CIVIL APPLICATION NO. 12579 OF 2021 IN FA/2913/2021
               CIVIL APPLICATION NO. 12586 OF 2021 IN FA/2911/2021
               CIVIL APPLICATION NO. 12589 OF 2021 IN FA/2908/2021
               CIVIL APPLICATION NO. 12591 OF 2021 IN FA/2910/2021
               CIVIL APPLICATION NO. 12593 OF 2021 IN FA/2909/2021
               CIVIL APPLICATION NO.12596 OF 2021 IN FA/2905/2021
               CIVIL APPLICATION NO.12583 OF 2021 IN FA/2912/2021
              CIVIL APPLICATION NO.13943 OF 2021 IN FAST/32748/2021
              CIVIL APPLICATION NO.13949 OF 2021 IN FAST/33084/2021
              CIVIL APPLICATION NO.13947 OF 2021 IN FAST/33088/2021
              CIVIL APPLICATION NO.13945 OF 2021 IN FAST/33081/2021
                                             …..
Mr. G. B. Rajale h/f Mr. R. K. Temkar, Advocate for the respective Applicants / Claimants
Mr. S. M. Ganachari, AGP for the Respondents – State in Appeals by State
                                           …..
                                          CORAM :            NEERAJ P. DHOTE, J.
                                          DATE           :   06.08.2026
PER COURT :

1.       These are the Applications in Claimants’ Appeals for bringing
on record the legal heirs / representative of the deceased –
Claimants.

2.       The names of the Applicants are already brought on record as
the legal heirs / representatives of the deceased – Claimants in the
Appeals filed by the State. Hence, the Applications filed in the
Appeals instituted by the Claimants are allowed. The amendment
shall be carried out within a period of one (01) week.

[   3.   The Application/s stand disposed off accordingly.



                                                     [NEERAJ P. DHOTE, J.]
Sameer/August-2026                            1

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