Bombay High Court

BABURAO JANABHAU LINGASE DIED THROUGH LRS SHARDA BHAUSAHEB RODE AND OTHERSversusBABURAO ALIAS PATILBA PANDURANG KHATKE DIED THROUGH HIS LRS KANTA BABURAO KHATKE

Disposal: APPLICATION ALLOWED
Bench: MEHROZ K PATHAN

Holding

The court held that the legal representatives of the deceased appellant may be brought on record as the application was filed within time.

Summary

In a civil application filed under SA/243/2019, the appellant Baburao Janabhau Lingse died on 18 March 2026. The applicants sought to have the legal representatives of the deceased appellant brought on record. The court examined the death certificate issued by the Grampanchayat, confirming the death and noted that the application was filed within the prescribed time. Relying on the procedural provisions for substitution of parties, the court allowed the application. It directed that the legal representatives be recorded within one week and disposed of the civil application.

Issues considered

Whether the legal representatives of a deceased appellant can be brought on record after the appellant's death.
Whether the application filed for substitution of parties is within the time limit.

Subjects

death of party
substitution of parties
Civil Procedure Code
legal representation
application allowed

Judgment

                                 1            8ca5189.26 production



     IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                  BENCH AT AURANGABAD

               8 CIVIL APPLICATION NO. 5189 OF 2026
                          IN SA/243/2019

        BABURAO JANABHAU LINGASE AND ANOTHER
                            VERSUS
BABURAO ALIAS PATILBA PANDURANG KHATAKE DIED THROUGH
               HIS LRS KANTA BABURAO KHATKE
                               ...
         Advocate for Applicants : Mr. Vitthal Gena Mete
  Advocate for Respondent in Second Appeal : Mr. V. D. Salunke
                               ...


                                CORAM : MEHROZ K. PATHAN, J.
                                DATE : 30.04.2026.

PER COURT :

1.          Heard the learned Counsel for the applicants.


2.          The learned Counsel Mr. Mete for the applicants submits

that the appellant Baburao s/o Janabhau Lingse has died on

18.03.2026.    The proposed legal representatives are shown in the

application. Therefore, the legal representatives of the deceased

appellant, needs to be brought on record.



3.          The death certificate issued by the Grampanchyat,

Borgaon Thadi, Tq. Gaorai, Dist Beed, shows that the death of

appellant Baburao Janabhau Lingse has occured on 18.03.2026. The

application is filed within the time.
                                 2               8ca5189.26 production



4.           For the reasons stated in the application, the application

stands allowed.



5.           The legal representatives of deceased appellant Baburao

Janabhau Lingse shall be brought on record within a period of one

week from today.



6.           The Civil Application is disposed of.




                                      ( MEHROZ K. PATHAN, J. )




mahajansb/

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