Bombay High Court

AVADHESH CHATRABHUJ BACHAPAI AND OTHERSversusADMINISTRATOR,PRESIDENT MUNCIPAL COUNCIL,DHARANGAO AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court granted permission to amend the title clause of the second appeal by bringing the legal representatives of the deceased appellant on record.

Summary

The appellant, Durgabai Eknath Bajpai, filed a civil application (No. 14017 of 2023) seeking permission to bring the legal representatives of a deceased appellant on record in a second appeal. The application was heard before Justice Sanjay A. Deshmukh. The court examined the application and found merit in the prayer to amend the title clause of the second appeal. Accordingly, the court allowed the application and directed the appellant to effect the amendment by 28 August 2026, failing which a cost of Rs.2,000 would be payable to the Advocates’ Chambers Allottees Maintenance Co-operative Society. The court also ordered the second appeal to be listed on the same date.

Issues considered

What is the appropriate procedure for bringing the legal representatives of a deceased party on record in a pending appeal?
Whether the court may permit amendment of the title clause of a second appeal to include such representatives.

Subjects

procedural law
amendment of pleadings
representation of deceased
second appeal
costs

Judgment

                                                 39 SA NO. 368 OF 1995.odt


       IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD
              39 SECOND APPEAL NO. 368 OF 1995

                     Durgabai Eknath Bajpai.
                             VERSUS
       Administrator,president Muncipal Council,dharangao

                                 WITH
     CIVIL APPLICATION NO.14017 OF 2023 IN SA/368/1995
                                   ...
Mr. Shah Subodh P., Advocate for Appellant
Mr. V. J. Dixit., Advocate for Respondents
                                  ….

                   CORAM : SANJAY A. DESHMUKH, J.
                      DATE : 17.08.2026
PER COURT :-

CIVIL APPLICATION NO.14017 OF 2023

1.        Not on board. Taken on board.

2.        This is an application seeking permission to bring the

legal representatives of deceased Appellant on record.

3.        Heard.

4.        Perused the application. For the reasons stated therein,

the application is allowed in terms of prayer clause ‘A’’.          The

appellant is directed to carry out the amendment in the title clause

of the Second Appeal by bringing the legal representatives of

deceased Appellant on record on or before 28.08.2026. If the

amendment is not carried out within the stipulated period, the


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                                  (( 2 ))          39 SA NO. 368 OF 1995


Appellant shall be liable to pay costs of Rs.2,000/- to the Advocates’

Chambers Allottees Maintenance Co-operative Society, High Court

Premises, Chhatrapati Sambhajinagar.


5.         List the Second Appeal on 28.08.2026.




                                    [ SANJAY A. DESHMUKH, J. ]
HRJadhav




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