Bombay High Court
BALAJI BHAGWAN PARSEWAR DIED THROUGH LRS SULOCHANABAI AND ORS.versusSK. VAKEEL SK. ISMAIL AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court allowed the application, ordered the amendment to include the legal heirs within one week, and referred the matter to the Lok Adalat.
Summary
The applicants filed a civil application seeking the court's permission to bring on record the legal heirs and legal representatives of the deceased appellant, Balaji Bhagwan Parsewar, as identified in the title clause. The court examined the averments made in the application and found merit in allowing the amendment to include the heirs. Accordingly, the court ordered that the necessary amendment be effected within one week. Both parties' counsel agreed that the matter should be referred to the Lok Adalat for settlement. Consequently, the court directed that the case be referred to the Lok Adalat after the amendment is made.
Issues considered
- Whether the court may permit the addition of legal heirs and representatives of a deceased party to the proceedings.
- Whether the amendment to include the heirs should be ordered within a specific time frame.
- Whether the matter should be referred to the Lok Adalat after amendment.
Subjects
- Civil Procedure Code
- Amendment of parties
- Legal heirs
- Lok Adalat
- Permission to join parties
Judgment
2026:BHC-AUG:10045
1 of 1 136-CA.2858.2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
136 CIVIL APPLICATION NO. 2858 OF 2026
IN FA/2534/2022
BALAJI BHAGWAN PARSEWAR DIED THROUGH LRS SULOCHANABAI
AND ORS.
VERSUS
SK. VAKEEL SK. ISMAIL AND ORS.
...
Mr. Avinash D. Hande, Advocate for Applicants.
Mr. S. S. Rathi, Advocate for Respondent Nos.2 and 3.
Mr. Abhijit Choudhari, Advocate for Respondent Nos.5 and 6.
...
CORAM : SIDDHESHWAR S. THOMBRE, J.
DATE : 9th MARCH 2026
P.C.:-
1. By the present application, the Applicants seek permission to
bring on record the legal heirs and legal representatives of Appellant
Balaji Bhagwan Parsewar, as shown in the title clause at Serial Nos. 1
to 4.
2. Considering the averments made in the application, the
application is allowed in terms of prayer clause (B).
3. Necessary amendment be carried out within a period of one
week from today.
4. Both the learned Advocates submit that the matter needs to
be referred to the Lok Adalat. Hence, the matter is referred to Lok
Adalat.
(SIDDHESHWAR S. THOMBRE, J.)
Tauseef
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