Bombay High Court

SHRI. DATTA CHARITABLE TRUST THRO. TRUSTEES RADHAKISHAN AND OTHERSversusVIJAYKUMAR BAPURAO KATRUWAR

Disposal: DISPOSED OFF
Bench: MEHROZ K PATHAN

Holding

The court held that the amendment to add the proposed respondents is permissible and allowed the application.

Summary

The petitioners, Shri Datta Charitable Trust through its trustees, filed a civil application in the Bombay High Court seeking to add three proposed respondents to an existing second appeal. The application was opposed by the respondent No.2, who was represented by senior counsel. The court examined whether the amendment to include additional respondents was permissible under the procedural rules. Finding no impediment, the judge allowed the application. The order directed that the necessary amendment be effected within a week.

Issues considered

Whether a civil application may be permitted to add additional respondents to an ongoing second appeal

Subjects

civil procedure
amendment of pleadings
addition of parties
second appeal
high court

Judgment

                                      {1}
                                                 ca 5908.26 sr.no. 918..odt
             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                    CIVIL APPLICATION NO. 5908 OF 2025
                                    IN
                     SECOND APPEAL NO. 244 OF 2020

            SHRI DATTA CHARITABLE TRUST THROUGH TRUSTEES
                        RADHAKISHAN AND OTHERS.
                                    VERSUS
                     VIJAYKUMAR BAPURAO KATRUWAR
                                 AND OTHERS.
                                        …
        Mr. R.B. Dhakane, h/f. Mr. M.R. Andhale, Advocate for applicants
         Mr. Rajendra Deshmukh, Senior Counsel for respondent No.2.




                               CORAM : MEHROZ K. PATHAN, J.

                                DATE : 18TH MARCH, 2026.

P.C. :-


1.             The present civil application is filed for adding proposed
respondent Nos. 2,3 and 4 as respondents in the present second appeal.


2.             Mr. Rajendra Deshmukh, learned senior counsel appears for
respondent No.2 and opposes the application. However, for the reasons
stated in the application the application is allowed and disposed of.


3.             Necessary amendment be carried out within a week.



                                              [MEHROZ K. PATHAN]
                                                   JUDGE.
grt/-

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