Bombay High Court
Chanbus So Satappa Chougule and othersversusThe Executive Engineer Irrigation and others
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The court allowed the amendment to join the legal heirs of the deceased respondents, subject to completion within two weeks.
Summary
The applicants filed a civil application seeking the court's permission to join the legal heirs of Respondent No.2 (Laxman Satappa Chougule) and Respondent No.2‑B (Satish Laxman Chougule) as parties, since both had died after the Reference Court had passed its award. The court considered the submissions and the reasons set out in the application. It held that the amendment to include the heirs could be permitted. Accordingly, the application was allowed in terms of prayer clauses (A), (B) and (C). The court directed that the amendment be effected within two weeks of the order.
Issues considered
- What is the appropriate procedure for permitting the addition of deceased parties' legal heirs to the proceedings after a Reference Court award has been passed?
Subjects
- amendment of pleadings
- legal heirs
- reference court award
- civil procedure
- party substitution
Judgment
2026:BHC-AUG:25832
1033-ca-6362-2026.odt
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 6362 OF 2026
IN FA/510/2025
Chanbus So Satappa Chougule And Others
VERSUS
The Executive Engineer Irrigation And Others
...
Advocate for Applicants : Mr. M.L. Dharashive
AGP for Respondent/State : Mr. C.V. Bhadane
Advocate for Respondent No.3 : Mr. R.A. Tambe
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : JULY 02, 2026
PER COURT :-
1. By this application, applicants seek permission to bring
on record legal heirs of respondent no.2 – Laxman Satappa Chougule
and respondent no.2-B – Satish Laxman Chougule, who died after
passing of award by Reference Court.
2. Considering submissions advanced and reasons as stated
in application, application is allowed in terms of prayer clause (A),
(B) and (C). Amendment to be carried out within a period of two
weeks.
(S.G. CHAPALGAONKAR, J.)
Mujaheed//
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