Bombay High Court
BAPU MAHADU NIKALE AND ORS.versusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR JALGAON AND ORS.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
Holding
The court held that the legal heirs are necessary parties and allowed the application to bring them on record.
Summary
The petitioners filed a civil application to have the legal heirs of the deceased Arun Mahadu Nikalje placed on record, citing the heirs' names in the title and paragraph of the application. The deceased had died on 7 January 2026, and the application was filed after a delay. The court examined whether the heirs, as necessary parties, could be added despite the delay. It held that the heirs were indeed necessary parties to the proceedings. Consequently, the application was allowed and the matter was disposed of.
Issues considered
- Whether the legal heirs of a deceased person can be brought on record as necessary parties despite a delay in filing the application
Subjects
- succession
- legal heirs
- civil procedure
- necessary parties
- application
- delay
Judgment
2026:BHC-AUG:42547
1 954-CA-5237-2026.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
954 CIVIL APPLICATION NO. 5237 OF 2026
IN FA/1251/2026
Bapu Mahadu Nikale And Ors.
VERSUS
The State Of Maharashtra Through Collector Jalgaon And Ors.
...
Mr.I.K. Wagh h/f Mr. Kale Abhijit Babanrao for the Applicants.
Mr.Bhaktraj Patil h/f Mr.Ajay Pawar for the Respondent/Acquiring Body.
...
CORAM : MANJUSHA DESHPANDE, J.
DATE : 10.09.2026
PER COURT :
1. This Civil Application has been filed for bringing the legal
heirs of deceased Arun Mahadu Nikalje on record. The names of the legal
heirs are set out in the title clause as well as in Paragraph No. 3 of the
Civil Application. It is stated that Arun Madhu Nikalje expired on 7 th
January, 2026. There is a delay in filing the present Civil Application.
2. Since the proposed legal heirs are necessary parties to the
proceedings, the Civil Application is allowed in terms of Prayer Clause
[B]. Accordingly, the Civil Application stands disposed off.
[ MANJUSHA DESHPANDE, J. ]
Sunny Thote
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