Bombay High Court

BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.versusKUSUMBAI WAMAN PATIL (SONAWANE) AND OTHERS

Disposal: DISPOSED OFF

Holding

The court permitted deletion of the deceased party’s name and allowed withdrawal of both appeals, disposing them as withdrawn.

Summary

The High Court of Bombay, Aurangabad Bench, entertained applications in two related appeals concerning Bajaj Allianz General Insurance Co. Ltd. and the heirs of the deceased Waman Patil. The court first permitted the deletion of the name of appellant No.6, who had died, from the parties list in the 2016 appeal. Subsequently, the parties informed the court that they had reached an out‑of‑court settlement and moved to withdraw both appeals. The court granted the withdrawal, disposing the appeals as withdrawn, ordered the refund of court fees, and allowed the amount deposited by the insurer in the 2016 appeal to be withdrawn by the claimants.

Issues considered

Whether the name of a deceased party may be deleted from the array of parties in an appeal.
Whether the parties may withdraw pending appeals after reaching an out‑of‑court settlement.

Subjects

civil procedure
party deletion
withdrawal of appeal
court fee refund
settlement

Judgment

2026:BHC-AUG:43894


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                                 3 FIRST APPEAL NO. 239 OF 2016


                          BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD.
                                               VERSUS
                      KUSUMBAI WAMAN PATIL (SONAWANE) AND OTHERS
                                                  ...
                             Mr. M.R. Deshmukh, Advocate for appellant
                      Mrs. S.T. Kazi, Advocate for respondent Nos.1 to 4 and 6
                             Mr. V.P. Patil, Advocate for respondent No.7
                                                  ...
                                                WITH
                                  FIRST APPEAL NO. 988 OF 2024
                                                  ...

                                                  CORAM :     ROHIT W. JOSHI, J.
                                                  DATE :      28th SEPTEMBER, 2026


            ORDER :



            .           Learned Advocate for the appellants in First Appeal No.988 of

            2024 informs that the appellant No.6 has expired. She seeks leave to delete

            name of appellant No.6 since she is mother of deceased Waman and other

            Class-I legal heirs of deceased Waman, who are only heirs other than the

            deceased, are already on record. Permission is granted to delete name of

            appellant No.6 from the array of parties.
                                     2                              3_FA_239_2016



2           Appellant No.6 in First Appeal No.988 of 2024 is respondent

No.6 in First Appeal No.239 of 2016 filed by the Insurance Company. For the

reasons mentioned above, permission is granted to delete name of

respondent No.6 from the array of parties in First Appeal No.239 of 2016.

Necessary amendment be carried out forthwith in both the appeals.


3           Both learned Advocates state that the appellants in First Appeal

No.988 of 2024, who are the original claimants and respondent Nos.1 to 4 in

First Appeal No.239 of 2016, have arrived at out of Court settlement with

respondent No.1 / Insurance Company in First Appeal No.988 of 2024, who

is the appellant in First Appeal No.239 of 2016. Both learned Advocates,

therefore, make a motion for withdrawal of the appeals preferred by them.

Permission is granted. Both appeals stand disposed of as withdrawn.


4           Court fees be refunded in both the appeals, according to law.


5           Amount deposited by the appellant in First Appeal No.239 of

2016 is permitted to be withdrawn by respondent Nos.1 to 4 in First Appeal

No.239 of 2016, who are the original claimants.




                                                  ( ROHIT W. JOSHI, J. )
agd

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