Bombay High Court

NITIN GURUNATH JADHAV AND ORSversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, LATUR AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court allowed the impleading of the legal representatives and permitted amendment of the appeal’s title clause to include them.

Summary

During the pendency of a first appeal, one of the appellants, Gurunath (son of Raghunath Jadhav), died. The surviving parties filed an application to be impleaded as legal representatives of the deceased appellant. The applicants submitted a copy of an heirship certificate issued by the Joint Civil Judge, Junior Division, Renapur, confirming their status as heirs. The Court, after considering the certificate, allowed the application, permitting the remaining appellant, Dhondiram, to amend the title clause of the first appeal to include the names of the present applicants as legal representatives of the deceased. Consequently, the application was disposed of in the applicant’s favour.

Issues considered

Whether the legal representatives of a deceased appellant may be impleaded in an ongoing appeal.
Whether the title clause of an appeal may be amended to reflect the inclusion of such legal representatives.

Subjects

Legal representatives
Heirship certificate
Amendment of appeal
Civil Procedure Code
Deceased appellant

Judgment

                                                         21-CA.12685.2023.odt


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BENCH AT AURANGABAD

              923 CIVIL APPLICATION NO. 12685 OF 2023
                           IN FA/176/2023

                    Nitin Gurunath Jadhav And Ors
                               VERSUS
     The State Of Maharashtra Through The Collector, Latur And Ors

                                   ----
Mr.G.A.Gadhe, Advocate for applicants
Mr.S.P.Sonpawale, AGP for respondent nos.1 and 3
Mr.Vaishali S. Swami h/f. Mr.M.C.Swami, Advocate for respondent no.2
                                   ----

                          CORAM :       AJIT B. KADETHANKAR, J.
                          DATE  :       SEPTEMBER 30, 2026

ORDER :-

            During pendency of the First Appeal filed by one Gurunath

s/o.Raghunath Jadhav and Dhondiram s/o. Raghunath Jadhav, the

appellant – Gurunath is reported to be no more.        This application is

filed by the applicants for impleading themselves in the capacity of the

legal representatives of the deceased Gurunath.


2.          Mr.Gadhe, learned advocate for the applicants places on

record a copy of heirship certificate issued by learned Joint Civil Judge,

Junior Division, Renapur, Dist. Latur in Civil M.A. No.174 of 2025.


3.          In view of the above, the application is allowed.           The

remaining appellant – Dhondiram is permitted to amend the title clause
                                   2                      21-CA.12685.2023



of the First Appeal and the applications therein by incorporating the

names of the present applicants as legal representatives of the

deceased appellant – Gurunath. The application stands disposed of

accordingly.




                                [AJIT B. KADETHANKAR, J.]
                              ………..


KBP

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