Bombay High Court

SHASHIKANT HANUMANT MAHAMUNI DIED THR LRS SHRIRAM AND ORSversusSTATE OF MAHARASHTRA AND OTHERS

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

Holding

The court held that the legal representatives of the deceased original claimant may be brought on record.

Summary

The applicants filed a civil application seeking to bring on record the legal representatives of the original claimant, Shashikant Hanumant Mahamuni, who died while the present application was pending. The respondents, including the State of Maharashtra, opposed the amendment. The court examined the submissions regarding procedural rules for substitution of parties after death. It considered the principle that a deceased party's estate can be represented to continue the suit. The judge found no legal impediment to allowing the substitution. Consequently, the court permitted the inclusion of the legal representatives. The application was therefore allowed.

Issues considered

Whether the legal representatives of a deceased original claimant may be brought on record during the pendency of a civil application

Subjects

succession
representation of deceased
civil procedure
amendment of parties
death of party

Judgment

2026:BHC-AUG:24853
                                            (1)                      926-ca-9183-2024.odt



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                                CIVIL APPLICATION NO. 9183 OF 2025
                                         IN FAST/3395/2024

                  SHASHIKANT HANUMANT MAHAMUNI DIED THR LRS
                                      SHRIRAM AND ORS
                                           VERSUS
                          STATE OF MAHARASHTRA AND OTHERS
                                               …
               Mr. Manoj Uttamrao Shelke, Advocate for Applicants.
               Mr. K. S. Hoke Patil, AGP for Respondents-State.
               Mr. S. P. Sonpawale, Advocate for Respondent No.3.

                                           CORAM : S. G. CHAPALGAONKAR, J.
                                           DATED : 25th JUNE, 2026.
               P.C.:-

               1.       Heard learned Advocate appearing for respondent parties.


               2.       By this application, applicants seek to bring on record legal
               representatives of original claimant i.e. Shashikant Hanumant
               Mahammuni, who died during pendency of present application.


               3.       Considering submissions advanced and reasons as stated in
               application, Civil Application is allowed.


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

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