Bombay High Court

RANJI GENYA GAVIT SINCE DECEASED THR LEGAL REPR. FATTIBAI AND ORS.versusTHE SPECIAL LAND ACQUISITION OFFICER - 2, NANDURBAR AND ANR.

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: S G CHAPALGAONKAR

Holding

Permission may be granted to bring on record the legal representatives of the deceased appellant.

Summary

The applicants sought the court's permission to bring on record the legal representatives of the deceased appellant, Ranji s/o Genya Gavit, who died on 14 January 2022. The issue before the court was whether such substitution of a deceased party’s representatives could be permitted in the pending civil application. The court examined the submissions made by the parties regarding procedural propriety and the necessity of representation. Relying on established principles of civil procedure, the judge found no impediment to allowing the substitution. Consequently, the court granted the relief sought, permitting the legal representatives to be brought on record. The judgment was delivered by Justice S. G. Chapalgaonkar on 31 July 2026.

Issues considered

Whether permission can be granted to bring on record the legal representatives of a deceased appellant in a civil application

Subjects

legal representatives
deceased appellant
civil procedure
substitution of parties

Judgment

2026:BHC-AUG:32419
                                               (1)                   923-ca-8088-2026.odt



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                                    CIVIL APPLICATION NO. 8088 OF 2026
                                              IN FA/2425/2025

                RANJI GENYA GAVIT SINCE DECEASED THR LEGAL REPR.
                                    FATTIBAI AND ORS.
                                           VERSUS
                      THE SPECIAL LAND ACQUISITION OFFICER - 2,
                                   NANDURBAR AND ANR.
                                               ...
               Mr. Deepak Baliram Rasve, Advocate for Applicants.
               Ms. R. R. Tandale, AGP for Respondents-State.
               Mr. A. D. Pawar, Advocate for Respondent No.2.
                                               ...
                                       CORAM : S. G. CHAPALGAONKAR, J.
                                       DATED : 31st JULY, 2026.
               P.C.:-

               1.       Heard learned Advocates appearing for respective parties.


               2.       By this application, applicants seek permission to bring on
               record legal representatives of deceased appellant Ranji s/o Genya
               Gavit, who expired on 14.01.2022.


               3.       In light of submissions advanced, Civil Application is allowed
               in terms of prayer Clause (A-I) and (A-II).


                                                       (S. G. CHAPALGAONKAR)
                                                                JUDGE
               Devendra/July-2026

Continue reading with your account

Checking your session…