Bombay High Court

SHAMLAL SHRINIVAS AGRAWAL DIED THR LRS GOPAL SHAMLAL AGRAWAL AND ORSversusTHE STATE OF MAHARASHTRA THR ITS SECRETARY AND ORS

Disposal: DISPOSED OFF

Holding

The court held that the civil application seeking to bring the legal representatives of the deceased petitioner may be allowed.

Summary

The petitioners, legal representatives of the late Shamlal Shriniwas Agrawal, filed a civil application seeking to be brought on record after the petitioner's death on 12 June 2026. The application invoked prayer clause‑B, requesting the court to recognize the representatives and allow the proceeding to continue. The court examined whether a civil application could be entertained posthumously and found no procedural bar. Accordingly, the court allowed the application, ordered the necessary amendment to be effected within two weeks, and disposed of the civil application. The judgment was delivered by Justice Vaishali Patil‑Jadhav of the Bombay High Court, Aurangabad Bench.

Issues considered

Whether a civil application may be filed to bring the legal representatives of a deceased petitioner on record

Subjects

civil procedure
legal representatives
death of petitioner
application amendment
court disposal

Judgment

2026:BHC-AUG:38810

                                                                          9618.26CA

                                                 1

                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                           927 CIVIL APPLICATION NO.9618 OF 2026
                             IN WRIT PETITION NO.5270 OF 2019

                                 SHAMLAL SHRINIVAS AGRAWAL
                                 SINCE DECEASED THROUGH L.R.
                              GOPAL SHAMLAL AGRAWAL & OTHERS
                                              VERSUS
                            THE STATE OF MAHARASHTRA & OTHERS
                                                  ...
                          Advocate for the applicants : Ms.Trupti Joshi h/f.
                                           Mr.R.R.Sancheti
                              AGP for Respondent-State : Mr.N.B.Patil
                          Advocate for respondent no.2 : Mr.D.P.Madkar h/f.
                                          Mr.D.S.Manorkar
                                                  ...
                                         CORAM : VAISHALI PATIL-JADHAV,J.

                                       DATE      :   25.08.2026
                 P.C. :


                 1]           The present Civil Application is filed for bringing
                 the legal representatives of the sole petitioner, namely,
                 Shamlal Shriniwas Agrawal on record. The petitioner has
                 died on 12.06.2026.

                 2]           For the reasons stated in the Civil Application, the
                 same is allowed in terms of prayer clause-B. Civil Application
                 is disposed of accordingly. Necessary amendment to be
                 carried out within two weeks.


                                                [VAISHALI PATIL-JADHAV]
                                                       JUDGE
                 DDC

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