Bombay High Court

ASHOK PANDURANG KAKULATEversusDAULAT RANGNATH KAKULATE DIED THR LRS SUSHILA DAULAT KAKULATE AND OTHERS

Disposal: DISPOSED OFF

Holding

The court held that the amendment to bring the legal heirs is allowed despite the delay.

Summary

The petitioner, Ashok Pandurang Kakulate, filed a civil application seeking to bring the legal heirs of the deceased respondent, Daulat Rangnath Kakulate, before the High Court at Aurangabad. The application listed the names of the heirs and was opposed by respondents 1a to 1e and 3, who were represented by counsel. The court examined whether the amendment to include the heirs could be entertained despite a delay of 107 days. Relying on its inherent powers, the court condoned the delay and allowed the amendment to be made forthwith. Consequently, the civil application was disposed of, and the related writ petition was listed for admission on 15 September 2026.

Issues considered

Whether the court can condone a delay of 107 days for amendment to bring legal heirs.
Whether the amendment to include the legal heirs is permissible under procedural law.

Subjects

civil procedure
amendment
condonation of delay
legal heirs
succession

Judgment

2026:BHC-AUG:40832


                                                  1                         1025.odt


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                            CIVIL APPLICATION NO. 1791 OF 2026
                                      IN WP/9911/2025
                                          WITH
                              WRIT PETITION NO. 9911 OF 2025
                             ASHOK PANDURANG KAKULATE
                                            VERSUS
                DAULAT RANGNATH KAKULATE DIED THR LRS SUSHILA
                             DAULAT KAKULATE AND OTHERS
                                                ...
                       Advocate for Applicant : Ms. Aishwarya N. Tanpure
                                 h/f. Mr. Gore Ravindra Vitthal
               Advocate for Respondent Nos. 1a to 1e & 3 : Mr. Magar Balasaheb N.
                                               …

                                       CORAM : MANJUSHA DESHPANDE, J.

                                       DATE       : 03rd SEPTEMBER, 2026


              PER COURT :

              1.          This Civil Application is filed for bringing the legal heirs of

              Respondent no. 1 – Daulat Rangnath Kakulate.

              2.          The names of the legal heirs are given in the title clause as

              well as paragraph no. 2 of the Civil Application. The appearance has

              already filed by Advocate Mr. Magar, on behalf of Respondent nos. 1a to

              1e and 3.

              3.          In view thereof, the Civil Application is allowed by

              condoning the delay of 107 days and the Petitioner is allowed to bring the
                                      2                         1025.odt


legal heirs of Respondent no. 1 as shown in paragraph no. 2 of the

Application.

4.             The amendment to be carried out forthwith.

5.             Civil Application stands disposed of.

6.             List the Writ Petition on 15.09.2026, for admission.




                                      ( MANJUSHA DESHPANDE, J. )




SPC

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