Bombay High Court

BHIMRAO SHANKAR BHOSALEversusPARVATI MARUTI DORAGE SINCE DECD THR HER LRS

Disposal: Allowed

Holding

The interim application is allowed, permitting amendment to record the legal heir of deceased Respondent No.3 within two weeks.

Summary

The applicant Bhimrao Shankar Bhosale filed Interim Application No. 1006 of 2026 to record the legal heir of deceased Respondent No.3 in the pending second appeal. Respondent counsel, Mr. Bhushan Misal, stated that he had no objection to the application. The Court, after noting the lack of objection, allowed the interim application in accordance with the prayer clauses. The order directed that the necessary amendment to the pleadings be effected within two weeks from the date of the order. The Court also fixed the date for the final hearing of the second appeal as 8 October 2026. The order was pronounced by Justice Rajesh S. Patil of the Bombay High Court.

Issues considered

Whether the interim application to record the legal heir of the deceased Respondent No.3 should be allowed
Whether the pleadings may be amended to include the legal heir within a two‑week period

Subjects

interim application
legal heir
amendment of pleadings
civil appeal
Bombay High Court
procedural order

Judgment

                                                                     14-IA-1006-2026.doc


                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIRCUIT BENCH AT KOLHAPUR
                              CIVIL APPELLATE JURISDICTION
                          INTERIM APPLICATION NO. 1006 OF 2026
                                           IN
                             SECOND APPEAL NO. 797 OF 2002

             Bhimrao Shankar Bhosale                                   …Applicant
                  Vs
             Parvati Maruti Dorage Since Decd Thr Her Lrs           …Respondent

                                           WITH
                          CIVIL APPLICATION IN SA NO. 1128 OF 2002
                                             IN
                               SECOND APPEAL NO. 797 OF 2002

             Shankar Maruti Bhosale and Ors.                    …Applicants
                  Vs
             Parvati Maruti Dorage (deceased) By Heirs and Ors.…Respondents

             Mr. Dilip Bodake a/w Mr. Viraj P. Dhumal, advocate for the
             Applicant
             Mr. Bhushan Misal (through VC), advocate for Respondent Nos. 1 to
             5
                                    CORAM : RAJESH S. PATIL, J.
                                    DATE    : 4 SEPTEMBER 2026
             P. C. :

IRESH
                           INTERIM APPLICATION NO. 1006 OF 2026
MASHAL



Digitally
signed by
             1.      This Interim Application has been filed to bring on record legal
IRESH
MASHAL
Date:
2026.09.09
10:13:43
+0530
             heris of deceased Respondent No.3.

             2.      Learned counsel Mr. Bhushan Misal appearing for the

             Respondents submits that he has no objection if the present Interim

             Application is allowed.

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             Iresh
                                                  14-IA-1006-2026.doc


3.      In view of the statement made my Mr. Misal, Interim

Application No. 1006 of 2026 stands allowed in terms of prayer

clauses (a), (b), (c) and (d).

4.      Amendment to be carried out within a period of two weeks

from today.

5.      Second Appeal to come up for final hearing on 8 October

2026.


                                            (RAJESH S. PATIL, J.)




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Iresh

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