Bombay High Court
PRAKASH VISHNU ZENDE SINCE DECD. THR. LRSversusTHE DIRECTOR OF EDUCATON (SECONDARY) PUNE AND ORS
- Disposal
- Allowed
Holding
The Court held that the cause title may be amended to reflect the death of the petitioner and substitution by his legal heirs.
Summary
During the pendency of Writ Petition No. 11417 of 2022, the petitioner, Mr. Prakash V. Zende, died, leaving his legal heirs as applicants. The applicants filed an interim application seeking permission to amend the cause title of the writ petition to reflect the change in parties. The Court examined the application and, finding no legal impediment, allowed it. The judges directed the applicants to effect the amendment and any consequential changes within four weeks. The interim application was thereafter disposed.
Issues considered
- Whether the cause title of an ongoing writ petition can be amended to reflect the death of the petitioner and substitution by legal heirs
Subjects
- amendment of cause title
- death of petitioner
- writ petition
- interim application
- civil procedure
Judgment
19-10217-2025-IA=.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 10217 OF 2025
IN
Digitally
signed by WRIT PETITION NO. 11417 OF 2022
UDAY
UDAY SHIVAJI
SHIVAJI JAGTAP
JAGTAP Date:
2026.02.17
Prakash Vishnu Zende (Deceased) … Applicants
18:37:38 Through the Legal Heirs Savita Prakash Zende
+0530
(Bhosale) & Anr.
Versus
The Director of Education (Secondary) Pune … Respondents
and Ors.
………….
Mr. Saurabh Pakale a/w Onkar Ghatage i/b Shankar Katkar for the
Applicants.
Mr. Narendra V. Bandiwadekar, Senior Advocate a/w Sagar A. Mane,
Rushikesh D. Jagdale, Neha Farakate for Respondent Nos. 5 to 7.
Mr. V.M. Mali, AGP for the Respondent - State.
………….
CORAM : R.G. AVACHAT AND
AJIT B. KADETHANKAR, JJ.
DATE : 17th FEBRUARY, 2026.
P. C. :
1. Mr. Pakale, learned counsel for the applicant would submit that
during pendency of the Writ Petition, the petitioner namely Mr. Prakash V.
Zende has expired leaving behind him the present applicants as his legal
representatives.
Uday S. Jagtap 1 of 2
19-10217-2025-IA=.doc
2. For the reasons stated in the application, the application is allowed.
3. The applicant to carry out the amendment in the cause title of the
writ petition and other consequential amendment, within a period of four
weeks from today.
4. The Interim Application stands disposed of.
[AJIT B. KADETHANKAR, J. ] [ R.G. AVACHAT, J. ]
Uday S. Jagtap 2 of 2
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