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
Checking your session…