Created by Fuzzy Cloud

Bombay High Court

SURESH INDARMAL SAKLA AND ANOTHERversusLATE VISHWANATH KISAN KARPE THROUGH LRS. PRALHAD VISHWANATH KARPE AND OTHERS

Disposal
APPLICATION ALLOWED

Holding

The Court held that the legal representatives of the deceased respondent may be brought on record, subject to amendment within three weeks and a cost order for non‑compliance.

Summary

The petitioners filed a civil application seeking to have the legal representatives (LRs) of respondent No.1 placed on record. The Court examined the application and, after hearing counsel, allowed it in the interest of justice. It directed that the necessary amendment be effected within three weeks, failing which the petitioners must deposit a cost of Rs.2,000 with the High Court Legal Services Sub‑Committee, Aurangabad. The order also scheduled the appeal for hearing on 27 October 2026. The judgment reflects the Court's emphasis on procedural compliance and cost imposition for non‑compliance.

Issues considered

  • Whether the legal representatives of the deceased respondent can be brought on record in the proceeding
  • Whether the Court may order an amendment to be effected within a specified time frame
  • Whether costs may be imposed for failure to comply with the amendment order

Subjects

  • Civil Procedure
  • Legal Representatives
  • Amendment Order
  • Costs
  • High Court

Judgment

2026:BHC-AUG:46550



                                                 (1)                   20 ca 7177.26

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                              20 CIVIL APPLICATION NO. 7177 OF 2026
                               in APEAL FROM ORDER NO. 5 OF 2026

                            SURESH INDARMAL SAKLA AND ANOTHER
                                          VERSUS
                         LATE VISHWANATH KISAN KARPE THROUGH LRS.
                           PRALHAD VISHWANATH KARPE AND OTHERS

                                                   …..
                Advocate for the Petitioner : Mr. Ostwal Abhaykumar Dilip, Kiran Jadhav
                      Advocate for Respondents : Mr. Deshpande Priyanka Ashok
                                                   …..

                                           CORAM :     SANJAY A. DESHMUKH, J.
                                           DATE :      05.10.2026

           P.C.:-

           1.            This is an application for bringing the LRs of respondent no.1 on
           record.


           2.            Perused the application.   Heard the learned advocate for the
           applicants. The application is allowed in the interest of justice. Amendment
           be carried out within three weeks. If the amendment is not carried out within
           the stipulated period, the     applicants shall be liable to deposit cost of
           Rs.2,000/- with the High Court Legal Services Sub-Committee, Aurangabad.


           3.            Place the appeal for hearing on 27.10.2026.



                                                            [SANJAY A. DESHMUKH, J.]



           mubashir


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.