Bombay High Court

JAYANT BHANUDAS CHANDRATRE (DIED) THRU. LRS. VIJAYANTI B. CHANDRATRE AND ANOTHERversusPRABHAKAR SHANKAR SHUKLA (DIED) L.RS. ANITA ASHOK SHUKLA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court held that the legal representatives of the deceased respondent may be brought on record by amendment of the pleadings.

Summary

The petitioners filed Civil Application No. 9412 of 2026 seeking to bring the legal representatives of the deceased respondent No.1-A on record in CRA No. 185 of 2017. The Court examined the application and, for the reasons stated therein, allowed it, granting permission to amend the pleadings to include the legal representatives within two weeks. The Court ordered that failure to amend within the stipulated period would attract a cost of Rs.2000 to be deposited with the Advocates Chambers Allottees Maintenance Cooperative Society. The respondent’s counsel waived notice for all respondents, including the newly added legal representatives. The matter was adjourned to 9th October 2026 and the application was disposed of.

Issues considered

Whether the legal representatives of a deceased party may be added to the proceedings by amendment?

Subjects

procedural law
amendment of pleadings
representation of deceased
civil application
High Court of Bombay

Judgment

                                          1                                   934.odt


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                     BENCH AT AURANGABAD.
                         934 CRA NO. 185 OF 2017

      JAYANT BHANUDAS CHANDRATRE (DIED) AND ANOTHER
                                   VERSUS
  PRABHAKAR SHANKAR SHUKLA (DIED) LRS ARVIND PRABHAKAR
                           SHUKLA AND OTHERS
                                      ...
Advocate for the Petitioner : Mrs. Rashmi Kulkarni, h/f Sanket S. Kulkarni.
Advocate for Respondents : Mr. S. M. Kulkarni.
                                      ...

                                 WITH
                  CIVIL APPLICATION NO. 1573 OF 2023
                            IN CRA/185/2017
                                 WITH
                  CIVIL APPLICATION NO. 13784 OF 2021
                            IN CRA/185/2017
                                 WITH
                  CIVIL APPLICATION NO. 1118 OF 2021
                            IN CRA/185/2017
                                 WITH
                  CIVIL APPLICATION NO. 9412 OF 2026
                            IN CRA/185/2017
                                  ...


                                   CORAM : SANJAY A. DESHMUKH, J.
                                   DATE       :   03rd September, 2026.

P.C.:

CIVIL APPLICATION NO. 9412 OF 2026

1       This application is filed for bringing the legal representatives of
deceased respondent No.1-A on record.


2       Perused the application.


3       For the reasons stated in the application, the application is
allowed. Permission is granted to bring the legal representatives of
                                             2                                  934.odt


      deceased respondent No.1-A on record. Necessary amendment be
      carried out, within a period of two weeks from today. Civil Application
      No.9412 of 2026 stands disposed of.


      4     It is made clear that if the amendment is not carried out within
      the stipulated period, then the appellants will require to deposit costs of
      Rs.2000/- with the Advocates Chambers Allottees Maintenance Co-
      operative Society, High Court Premises, Aurangabad.


      CRA NO. 185 OF 2017

      5     Mr. S. M. Kulkarni, learned counsel waives notice for all the
      respondents, including the newly added respondents i.e. legal
      representatives of deceased respondent No.1-A.


      6     Stand over to 9th October, 2026.




                                             [ SANJAY A. DESHMUKH, J. ]
nga

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