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Bombay High Court

BAPANNA SIDRAMAPPA CHILOBA DIED LRS RAVINDRA N CHILOBA DIED THROUGH LRS SONABAI R CHILOBA AND ORSversusTANAJI BHIMRAO PHUTKE AND ORS

Disposal
DISPOSED OFF

Holding

The amendment to bring the legal heirs of petitioner No.1 on record is permitted.

Summary

The petitioners Bapanna Sidramappa Chiloba (deceased) and others filed a civil application before the Bombay High Court, Aurangabad Bench, seeking to amend the pleadings to include the legal heirs of petitioner No.1. The respondents, Tanaji Bhimrao Phutke and others, opposed the amendment. The principal issue was whether the court could permit the addition of the legal heirs at this stage of the proceedings. The court examined the prayer clause ‘A’ of the petition and found that the amendment was permissible under the procedural rules. Accordingly, the court ordered that the amendment be effected within one week from the date of the order. No other substantive issues were raised.

Issues considered

  • Whether the amendment to include the legal heirs of petitioner No.1 can be permitted at this stage of the proceedings.

Subjects

  • amendment of pleadings
  • legal heirs
  • civil procedure
  • High Court order

Judgment

2026:BHC-AUG:37067



                                                                                 78
                                               -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                           78 CIVIL APPLICATION NO. 8142 OF 2026
                                      IN WP/4706/2012

                 BAPANNA SIDRAMAPPA CHILOBA (DIED) LRS RAVINDRA
                               NAGAPPA CHILOBA AND ORS
                                        VERSUS
                           TANAJI BHIMRAO PHUTKE AND ORS
                                            ...
              Advocate for the Petitioners : Mr. Ajinkya A. Joshi h/f. Mr.
              Sharad V. Natu
              Advocate for Respondent No.1: Mr. Umesh Mitkar h/f. Mr. Mukul
              S. Kulkarni
                                            ...

                                           CORAM : SACHIN S. DESHMUKH, J.
                                              Date : 18.08.2026

              PER COURT :-

              .            For the reasons stated in the application to bring legal

              heirs of Petitioner No.1 on record, the same is allowed in terms of

              Prayer Clause ‘A’. Amendment shall be carried out within a

              period of one (01) week from today.




                                                     (SACHIN S. DESHMUKH, J.)
              marathe


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