Bombay High Court

KAWAJI RAWAJI SONGAL AND ORSversusTHE STATE OF MAHARASHTRA THR COLLECTOR, AHMEDNAGAR AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the legal heirs/representatives of the deceased claimant may be brought on record and ordered the amendment to be made within one week.

Summary

The High Court of Bombay, Aurangabad Bench, considered a series of civil applications filed by the claimants seeking to have the legal heirs and representatives of the deceased claimant placed on record in the appeals filed by the State. The court noted that the names of the applicants had already been recorded as legal heirs/representatives in the State's appeals. Consequently, the court allowed the claimants' applications to bring those heirs on record. It directed that the necessary amendment to reflect this should be effected within one week. The applications were thereafter disposed of in accordance with the order.

Issues considered

Whether the legal heirs/representatives of a deceased claimant can be brought on record in the appeal filed by the State.
Whether the court may order an amendment to reflect the inclusion of such heirs within a stipulated time.

Subjects

legal heirs
representation
civil application
high court
procedural amendment
appeal

Judgment

2026:BHC-AUG:34566
                                                                                     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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