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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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