Bombay High Court

KUSA GANGA POKALE (DIED) THR LRS RAKHMABAI AND ANRversusTHE STATE OF MAHARASHTRA THR COLLECTOR, AHMEDNAGAR AND ORS

Disposal: DISPOSED OFF

Holding

Since the legal heirs/representatives were already recorded in the State’s appeals, the claimants’ applications to bring them on record were allowed and the amendment ordered within a week.

Summary

The claimants filed multiple civil applications seeking to bring on record the legal heirs and representatives of a deceased claimant. The State had already listed these heirs in its own appeals. The court examined whether the claimants could amend the pleadings to reflect the same heirs. Finding that the heirs were already on record, the court allowed the claimants’ applications and ordered that the amendment be effected within one week. The applications were thereafter disposed.

Issues considered

Whether the legal heirs/representatives of the deceased claimant can be brought on record in the claimants' appeals
Whether an amendment to include the heirs is permissible under procedural rules

Subjects

legal heirs
representation
amendment
civil application
High Court of Bombay
procedural law

Judgment

2026:BHC-AUG:34550
                                                                                     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

Continue reading with your account

Checking your session…