Bombay High Court

JAISINGH RAMSINGH DIED THR LRS GORIYABAI JAISINGH DECEASED AND OTHERSversusJAITRABAI RANCHODDAS ASAR DIED THR LRS KANCHANBI NAVNITHDAS AND ORS

Disposal: DISPOSED OFF

Holding

Leave to amend the writ petition was granted.

Summary

The applicants, heirs of the deceased Jaisingh, filed a civil application and writ petition seeking amendment of their pleadings in a succession dispute against the respondents, heirs of the deceased Jaitrabai. The court examined whether the amendment sought by the applicants was permissible under procedural law. Considering the reasons set out in the application, the court found no substantive impediment to the amendment. Consequently, the court granted leave to amend the petition in accordance with prayer clauses B and BB. The amendment must be effected within three weeks of the order.

Issues considered

Whether leave to amend the writ petition should be granted

Subjects

amendment
writ petition
succession
civil procedure
leave to amend

Judgment

2026:BHC-AUG:37582



                      IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                 BENCH AT AURANGABAD


                          CIVIL APPLICATION NO.5753 OF 2026 IN
                             WRIT PETITION NO.5636 OF 1996


            Jaisingh s/o Ramsing, Died through L.Rs.
            1. Goriyabai w/o Jaisingh, Deceased
            2. Kachru s/o Jaisingh & ors.               … APPLICANTS
                     VERSUS
            Jaitrabai w/o Rajchoddas Asar,
            Died through L.Rs.
            Kanchanbai w/o Navnithdas & ors.            … RESPONDENTS
                                              .......
            Mr. N.D. Sonavane, Advocate for applicants
            Mr. M.D. Joshi, Advocate for R.No.1 in W.P.
            Mr. V.M. Jawre, A.G.P. for R.No. 2 & 3
                                              ....…

                                     CORAM : SACHIN S. DESHMUKH, J.
                                     DATE      : 20th AUGUST, 2026

            PER COURT :

                        Leave to amend. Amendment to be carried out forthwith.

            2.          Heard.    For the reasons stated in the application, the
            application is allowed in terms of prayer clauses (B) and (BB). Necessary
            amendment in that regard to be carried out within a period of three weeks.




                                                 (SACHIN S. DESHMUKH, J.)

            fmp/-

Continue reading with your account

Checking your session…