Bombay High Court

VITTHAL ALU POKALE AND ORSversusTHE STATE OF MAHARASHTRA THR COLLECTOR, AHMEDNAGAR AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The applications seeking to bring the legal heirs/representatives on record are allowed.

Summary

The claimants, legal heirs of the deceased Parvatabai Kusa Gudnar, filed multiple civil applications seeking to be formally recorded as parties in appeals filed by the State of Maharashtra. The State had already listed the heirs as representatives in its own appeals, but the claimants sought a separate order to bring them on record. The High Court examined whether procedural rules permitted such amendment to include the heirs in the claimants' appeals. Finding no impediment, the Court allowed the applications and directed that the necessary amendment be effected within one week. Consequently, the applications were disposed of in the claimants' favor.

Issues considered

Whether the legal heirs/representatives of a deceased claimant can be brought on record in the claimant's appeal under procedural law.

Subjects

legal heirs
amendment of parties
civil application
high court
procedural law

Judgment

2026:BHC-AUG:34564
                                                                                     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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