Bombay High Court
SHAJADI BEGUM SYED UMAR DIED THR LRS SAYYED FAROKH S UMAR AND OTHERSversusSHAHNAZ BEGUM SHAIKH ABDUL RASHID
- Disposal
- DISPOSED OFF
Holding
The Court allowed the application, permitting the applicants to be recorded as legal representatives of the deceased petitioner and directing amendment of the title clause.
Summary
The petitioners filed a writ petition, but the sole petitioner died during its pendency. The applicants filed a civil application seeking to be recognized as the legal representatives of the deceased petitioner and to amend the title clause of the writ petition. Both parties consented to the application. The Court, after considering the submissions, allowed the application, permitting the applicants to be recorded as legal representatives and directing them to amend the title clause within two weeks. The amended petition is to be served on the opposite side, and interim relief continues until a further hearing on 21 September 2026.
Issues considered
- Whether the legal representatives of a deceased petitioner may be permitted to be added to a pending writ petition
- Whether the title clause of a writ petition may be amended after the death of the petitioner
Subjects
- writ petition
- legal representatives
- death of petitioner
- amendment of title clause
- civil procedure
Judgment
2026:BHC-AUG:38514
(1) 22 CA 9395 OF 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
22 CIVIL APPLICATION NO. 9395 OF 2026
IN WP/13483/2023
WITH
WRIT PETITION NO. 13483 OF 2023
SHAJADI BEGUM SYED UMAR DIED THR LRS SAYYED FAROKH S UMAR
AND OTHERS
VERSUS
SHAHNAZ BEGUM SHAIKH ABDUL RASHID
...
Mr. H. I. Pathan, Advocate for Applicants
Ms. Sawari M. Patil h/f. Mr. M. M. Patil (Beedkar), Advocate for Respondent
…
CORAM : AJIT B. KADETHANKAR, J.
DATE : 24.08.2026
PER COURT :-
. Mr. H. I. Pathan, learned Advocate for the applicants submits that
during the pendency of the writ petition, the sole petitioner is died and the
present Civil Application is filed well within limitation to bring on record legal
representatives of the deceased petitioner. Mr. Pathan submits that the cause
to continue the writ petition has devolved in the present applicants and
therefore, the application be allowed.
2. Ms. Sawari Patil h/f. Mr. M. M. Patil, learned Advocate for the
respondent fairly concedes to allow the application.
(2) 22 CA 9395 OF 2026
3. I feel it appropriate to allow the application.
4. For the reasons stated in the application, the same stands allowed.
The applicants namely applicant Nos.1 to 7 are permitted to brought on record
as the legal representatives of the deceased petitioner.
5. The applicants shall amend the title clause of the writ petition
and application therein, if any, within a period of two weeks from today.
Amended copy of the writ petition be served on the other side.
6. Stand over to 21.09.2026.
7. Interim relief to continue till then.
[AJIT B. KADETHANKAR, J.]
PRW
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