Bombay High Court

MANOHAR KRISHNAJI MUGDUM (DESD) LRS.versusMAHAVIR NIWAS TENANTS ASSOCIATION and ORS.

Decided: 6 February 2026
Disposal: Disposed Off
Bench: ABHAY AHUJA

Holding

The court permitted the amendment of the writ petition to include respondents No.3 and No.4, subject to a six‑week deadline.

Summary

The applicant filed a civil application seeking permission to add proposed respondents No.3 and No.4 to an existing writ petition, relying on a Will Deed dated 10 January 2000. The respondent No.2 was represented by S. D. Rayrikar, AGP, while the applicant was represented by Vijay Killedar. The court examined the submissions and found that the applicant had made out a case for allowing the amendment. Accordingly, the judge ordered that the amendment be effected within six weeks, failing which the application would be dismissed. The court also directed service of notice to the newly added respondents by private notice, RPAD or hand delivery, and required an affidavit of service. The civil application was thereafter disposed of as allowed.

Issues considered

Whether the applicant may be permitted to amend the writ petition to add respondents No.3 and No.4 based on the Will Deed dated 10.01.2000

Subjects

amendment of writ petition
addition of respondents
civil application
procedural law
service of notice

Judgment

                                                                        7.2552.03-caw

                     FARAD CONTINUATION SHEET
            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION

                   CIVIL APPLICATION NO.2552/2003
                                  IN
                     WRIT PETITION NO.2848/1991

Office Notes, Office                      Court’s or Judge’s orders
Memoranda of Coram,
Appearances, court’s
orders or directions
and Registrar’s orders
                         Mr. Vijay Killedar for the applicant
                         Mr. S. D. Rayrikar, AGP for the respondent No.2.

                                            CORAM : K. K. TATED, J.
                                            DATE : SEPTEMBER 2, 2016
                         P.C.:

                         1.      Heard. By the Civil Application, the applicant
                         seeks permission to bring on record the proposed
                         respondent Nos.3 and 4 as respondent Nos.3 and 4
                         in Writ Petition on the basis of Will Deed dated
                         10.01.2000.


                         2.      Considering the submissions made by the
                         learned    counsel    for   the    Applicant    and    the
                         averments made in the Application, I am satisfied
                         that the Applicant has made out a case for allowing
                         the present Civil Application.


                         3.      Hence, the following order:




Basavraj G Patil                                                                 1/2
                                                                        7.2552.03-caw

                   a)      The applicant is permitted to bring on record
                   the     proposed        respondent        Nos.3     and    4     as
                   respondent Nos.3 and 4 in Writ Petition within six
                   weeks     from         today,   failing    which     the       Civil
                   Application shall stand dismissed without further
                   reference to the court.


                   b)      If amendment is carried out within stipulated
                   time as stated hereinabove, the office is directed to
                   issue notice to the added respondent in Writ
                   Petition, returnable after six weeks.


                   c)      In addition to usual mode of service, the
                   applicant       is    permitted     to    serve     the    added
                   Respondents in Writ Petition               along with entire
                   proceedings by way of private notice either by
                   RPAD and/or by hand delivery and to file an
                   Affidavit of service to that effect on or before next
                   date.


                   d)      Applicant is directed to serve a copy of
                   amended petition on other respondents and/or
                   their advocates.


                   e)      Civil        application    stands        disposed       off
                   accordingly.


                                                                 JUDGE

Basavraj G Patil                                                                   2/2

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