Bombay High Court

KUSUMBAI WAMAN PATIL (SONAWANE) AND ORSversusBAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. AND ANR

Disposal: DISPOSED OFF

Holding

The Court allowed deletion of the deceased party’s name and, upon settlement, permitted withdrawal of both appeals, ordering refund of court fees.

Summary

The Bombay High Court, Aurangabad Bench, entertained procedural applications in two related appeals concerning a claim against Bajaj Allianz General Insurance Co. Ltd. The court first permitted the deletion of appellant No.6, a deceased party, from the pleadings. Subsequently, the parties disclosed that the original claimants and the insurer had reached an out‑of‑court settlement, and both appealed were withdrawn. The court granted the withdrawal, ordered the appeals to be disposed of as withdrawn, and directed that court fees and the amount deposited by the insurer be refunded to the claimants. No substantive legal issues were adjudicated beyond these procedural matters.

Issues considered

Whether the name of a deceased party may be deleted from the parties to an appeal.
Whether an appeal may be withdrawn after an out‑of‑court settlement between the parties.

Subjects

civil procedure
deletion of party
withdrawal of appeal
court fee refund
out of court settlement

Judgment

2026:BHC-AUG:43895


                        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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