Bombay High Court

SMT. SARASWATI DAULAT BORASTE AND ORS.versusSAU. VIMAL BABURAO MATE AND ORS

Decided: 21 August 2026
Disposal: Disposed Off

Holding

The court allowed the deletion of the deceased heir and ordered the amendment of the civil application, disposing of both applications.

Summary

The petitioner sought to bring on record the legal heirs of a deceased person through Civil Application No. 2143 of 2016. During the pendency of this application, one of the listed legal heirs also passed away, prompting the filing of Interim Application (Stamp) No. 22413 of 2026 to delete the deceased heir from the record. The court examined whether the amendment to remove the deceased heir could be permitted and whether both applications could be proceeded with. It held that the amendment was necessary for the final disposal of the petition and allowed the deletion of the deceased heir. Consequently, the court ordered that the necessary amendment be effected forthwith and disposed of both the civil application and the interim application.

Issues considered

What procedural steps are required to delete a deceased legal heir from a pending civil application?
Whether the court may permit amendment of the civil application to reflect the change in legal heirs.

Subjects

legal heirs
amendment
civil application
interim application
succession
probate

Judgment

2026:BHC-AS:34741

              Renuka                                                6-wp-2143-2016.docx


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION
                             CIVIL APPLICATION NO. 2143 OF 2016
                                                  IN
                               WRIT PETITION NO. 3408 OF 2013
              Saraswati Daulat Boraste                               ...Petitioner
                               V/s.

              Vimal Baburao Mate and Ors                            ...Respondent
                                               WITH
                        INTERIM APPLICATION (ST) NO. 22413 OF 2026
              Shri. Daulat Rama Boraste                              ...Petitioner
                                                              (Original Defendant No. 1)
                               V/s.

              Sau. Vimal Baburao Mate and Ors                      ...Respondents
                                          ________________
              Mr. Girish R. Agrawal for Petitioner.
                                          ________________


                                                    CORAM: SANDEEP V. MARNE, J.
                                                     DATED: 21 AUGUST 2026.


              P.C.:


              1)          Civil Application No. 2143 of 2016 is ,led to bring on record
              legal heirs of the deceased Petitioner. Since one of the legal heirs has
              also passed away during pendency of the Civil Application, another
              Application being Interim Application (Stamp) No. 22413 of 2026 is
              taken up for deletion of that legal heir. For the purpose of enabling the
              Court to pass a ,nal order in the Petition, both the Applications are

                                             Page No.1 of 2
                                             21 August 2026
Renuka                                             6-wp-2143-2016.docx


allowed. Necessary amendment to be carried out forthwith. Civil
Application No. 2143 of 2016 and Interim Application (Stamp) No. 22413
of 2026 are disposed of.


                                               [SANDEEP V. MARNE, J.]




                              Page No.2 of 2
                              21 August 2026

Continue reading with your account

Checking your session…