Bombay High Court

DHONDU NAMDEV KOLI DIED THR LRS VIMALBAI DHONDU BAVISKAR AND ORSversusMADHUKAR ZAVARU @ VIKRAM KOLI AND OTHERS

Disposal: APPLICATION ALLOWED

Holding

The application to bring the legal representatives of the deceased appellant on record is allowed, with an amendment to be filed within three weeks.

Summary

The court considered an application to bring the legal representatives of the deceased appellant on record in a civil suit. Both parties were heard, and the court noted that the substantive dispute between them needed to be decided on its merits. It held that procedural rules permit the inclusion of the deceased's representatives. Consequently, the application was allowed, directing that the necessary amendment be filed within three weeks. The court also scheduled the listing of the second appeal for 8 October 2026.

Issues considered

Can the legal representatives of a deceased appellant be brought on record in the pending civil suit?
Is an amendment required to reflect the inclusion of the deceased's representatives?
Procedural steps for listing the second appeal

Subjects

civil procedure
representation of deceased
amendment
second appeal

Judgment

                                                             ca6880.26
                                 -1-


       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD

            970 CIVIL APPLICATION NO. 6880 OF 2026
                       IN/WITH SA/398/2026

 Dhondu Namdev Koli Died Thr Lrs Vimalbai Dhondu Baviskar And
                                Ors
                              VERSUS
            Madhukar Zavaru @ Vikram Koli And Others
                                 ...
Advocate for Applicant : Ms. Samiksha S. Auti h/f Mr. S.P. Pandit
AGP for Respondents: Ms. Jayashree P. Reddy
                                …..

                    CORAM : SANJAY A. DESHMUKH, J.
                    DATED : 11th SEPTEMBER, 2026

PER COURT :-


1.       This is an application for bringing the legal representatives

of deceased appellant No.1 on record. Perused the application.

Heard learned advocates for both sides. For the reasons stated in

the application and considering the fact that the lis between the

parties is required to be decided on merits, the application deserves

to be allowed.   Accordingly, the application is allowed. Amendment

be carried out within three weeks from today.



2.       List the second appeal on 08.10.2026.



                                  (SANJAY A. DESHMUKH, J.)

rlj/

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