Created by Fuzzy Cloud

Bombay High Court

SHRI.RAJESH MADHUKAR GAIKWAD (SINCE DECD.THR.LRS) SMT. SHEELA RAJESH GAIKWAD AND ORSversusMADHUKAR KASHINATH GAIKWAD AND ORS

Decided
Disposal
Disposed Off

Holding

The Court allowed the interim applications and ordered that the legal heirs of the deceased appellant and respondents be brought on record for the settlement.

Summary

The appellant, Rajesh Madhukar Gaikwad (deceased) represented by his legal heirs, filed several interim applications (including No.10172 of 2022, Civil Application No.1662 of 2018, and Interim Application (Stamp) No.22155 of 2025) in a second appeal (No.443 of 2019) to bring on record the legal heirs of the deceased appellant and deceased respondents. The parties reported that they had reached an amicable settlement and required the heirs' names to be entered for signing the consent terms. The Court examined whether the procedural requisites for adding heirs at this stage were satisfied. It allowed the mentioned applications, directing that the names of the heirs be recorded and that any necessary amendment be effected within two weeks. Further, the Court ordered that the second appeal and related applications be listed under the caption ‘for settlement’ on 15 October 2026. The order was pronounced by Justice Sandeep V. Marne.

Issues considered

  • Whether the legal heirs of deceased parties can be added to the record at the interim stage for the purpose of effecting a settlement.
  • Whether the procedural requirements for filing and disposing of the interim and stamp applications have been complied with.

Subjects

  • interim application
  • legal heirs
  • settlement
  • amendment
  • civil appeal
  • stamp application

Judgment

2026:BHC-AS:37303
             k                            1/4                     2 ia 6880.26 in sa as.doc




                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CIVIL APPELLATE JURISDICTION

                          INTERIM APPLICATION NO.6880 OF 2026
                                          IN
                             SECOND APPEAL NO.443 OF 2019

             Rajesh Madhukar Gaikwad
             since deceased through his
             legal heirs/representative
             Sheela Rajesh Gaikwad                                    ....Applicant
             IN THE MATTER BETWEEN
             Rajesh Madhukar Gaikwad
             since deceased through his
             legal heirs/representative
             Sheela Rajesh Gaikwad                                    ....Appellant
                    V/S
             Madhukar Kashinath Gaikwad & Ors.                        ....Respondents

                                         WITH
                              SECOND APPEAL NO.443 OF 2019

             Rajesh Madhukar Gaikwad
             since deceased through his
             legal heirs/representative
             Sheela Rajesh Gaikwad                                    ....Appellant
                    V/S
             Madhukar Kashinath Gaikwad & Ors.                        ....Respondents

                                          WITH
                            CIVIL APPLICATION NO.1662 OF 2018
                                           IN
                              SECOND APPEAL NO.443 OF 2019

             Rajesh Madhukar Gaikwad
             since deceased through his
             legal heirs/representative
             Sheela Rajesh Gaikwad                                    ....Applicant
             IN THE MATTER BETWEEN
             katkam                             Page No. 1 of 4
k                            2/4                     2 ia 6880.26 in sa as.doc




Rajesh Madhukar Gaikwad
since deceased through his
legal heirs/representative
Sheela Rajesh Gaikwad                                    ....Appellant
       V/S
Madhukar Kashinath Gaikwad & Ors.                        ....Respondents

                           WITH
            INTERIM APPLICATION NO.10172 OF 2022
                            IN
                SECOND APPEAL NO.443 OF 2019

Rajesh Madhukar Gaikwad
since deceased through his
legal heirs/representative
Sheela Rajesh Gaikwad                                    ....Applicant
IN THE MATTER BETWEEN
Rajesh Madhukar Gaikwad
since deceased through his
legal heirs/representative
Sheela Rajesh Gaikwad                                    ....Appellant
       V/S
Madhukar Kashinath Gaikwad & Ors.                        ....Respondents

                           WITH
         INTERIM APPLICATION (STAMP) NO.22155 OF 2025
                             IN
                SECOND APPEAL NO.443 OF 2019

Rajesh Madhukar Gaikwad
since deceased through his
legal heirs/representative
Sheela Rajesh Gaikwad                                    ....Applicant
IN THE MATTER BETWEEN
Rajesh Madhukar Gaikwad
since deceased through his
legal heirs/representative
Sheela Rajesh Gaikwad                                    ....Appellant
       V/S
katkam                             Page No. 2 of 4
k                            3/4                     2 ia 6880.26 in sa as.doc




Madhukar Kashinath Gaikwad & Ors.                        ....Respondents

                           WITH
         INTERIM APPLICATION (STAMP) NO.36186 OF 2025
                             IN
                SECOND APPEAL NO.443 OF 2019

Rajesh Madhukar Gaikwad
since deceased through his
legal heirs/representative
Sheela Rajesh Gaikwad                                    ....Applicant
IN THE MATTER BETWEEN
Rajesh Madhukar Gaikwad
since deceased through his
legal heirs/representative
Sheela Rajesh Gaikwad                                    ....Appellant
       V/S
Madhukar Kashinath Gaikwad & Ors.                        ....Respondents

                             WITH
               CIVIL APPLICATION NO.1661 OF 2018
                              IN
                 SECOND APPEAL NO.443 OF 2019

Rajesh Madhukar Gaikwad
since deceased through his
legal heirs/representtive
Sheela Rajesh Gaikwad                                    ....Applicant
IN THE MATTER BETWEEN
Rajesh Madhukar Gaikwad
since deceased through his
legal heirs/representtive
Sheela Rajesh Gaikwad                                    ....Appellant
       V/S
Madhukar Kashinath Gaikwad & Ors.                        ....Respondents
                            _________



katkam                             Page No. 3 of 4
                         k                                  4/4                          2 ia 6880.26 in sa as.doc




                         Mr. Jayendra Khairnar with Mr. Mufeez Ansari i/b Mr. Vikas Shivarkar
                         for the Appellant.
                                                     __________


                                                      CORAM : SANDEEP V. MARNE, J.
                                                      DATE : 9 SEPTEMBER 2026.
                         P.C.:

                         1.           Interim Application No.10172 of 2022, Civil Application No.1662
                         of 2018 and Interim Application (Stamp) No.22155 of 2025 are filed to
                         bring on record legal heirs of deceased Appellant as well as deceased
                         Respondent No.1 and deceased Respondent No.2. It is reported that
                         parties have arrived at amicable settlement between them. Legal heirs
                         are sought to be brought on record for the purpose of signing the
                         Consent Terms. Accordingly, Interim Application No.10172 of 2022, Civil
                         Application No.1662 of 2018 and Interim Application (Stamp) No.22155
                         of 2025 are allowed and disposed of.


                         2.       Names of legal heirs of deceased Appellant, deceased Respondent
                         No.1 and deceased Respondent No.2 are permitted to be brought on
                         record. Amendment to be carried out within a period of two weeks.


                         3.       List the Second Appeal, Civil Application No.1661 of 2018, Interim
                         Application No.6880 of 2026 and Interim Application (Stamp) No.36186
                         of 2025 under caption ‘for settlement’ on 15 October 2026.


                                                                                    (SANDEEP V. MARNE, J.)




                          katkam
Signed by: Sudarshan R. Katkam                                    Page No. 4 of 4
Designation: PS To Honourable Judge
Date: 10/09/2026 11:35:47


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.