Bombay High Court
USTAD KHWAJABHAI LALMOHAMMAD THR LRS SUGARABEGAMversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The Court held that the legal heirs could be impleaded as necessary parties and allowed the amendment.
Summary
The petition was filed by the legal heirs of the deceased Ustad Khwajabhai Lalmohammad seeking to be impleaded as necessary parties in the pending writ petition. The petitioners argued that their interests were directly affected and that procedural rules required their inclusion. The State of Maharashtra opposed the amendment, contending that the existing parties were sufficient. The Court examined the procedural provisions governing amendment of parties and held that the heirs could be added to ensure justice and proper representation. Consequently, the Court allowed the civil application, directing that the necessary amendment be effected within two weeks, and thereafter disposed of the application.
Issues considered
- Whether the legal heirs of a deceased petitioner may be added as necessary parties to a pending writ petition.
Subjects
- legal heirs
- amendment of parties
- civil application
- procedural law
- writ petition
Judgment
2026:BHC-AUG:35143
1 904-CA-13901-2025-(C).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 13901 OF 2025
IN
WRIT PETITION NO. 15254 OF 2025
Ustad Khwajabhai Lalmohammad (Died) Thr. Its Legal Heirs
VERSUS
The State Of Maharashtra Thr. Its Secretary And Others
...
Mr.Avinash Khedkar for the Applicant.
Ms.Vaishali Chaudhary, AGP for the State.
...
CORAM : MANJUSHA DESHPANDE, J.
DATE : 11.08.2026
PER COURT :
1. This Civil Application has been filed for bringing legal heirs
of the sole Petitioner who expired on 21 st November, 2022. The
application contains names of the legal representatives who are necessary
parties needs to be brought on record.
2. In view of the above, this Civil Application is allowed. The
necessary amendment shall be carried out within a period of two weeks.
3. This Civil Application stands disposed off.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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