Bombay High Court
SHARAD RAMCHANDRA PHADKEversusBHAGWANLAL DURGARAM KANDI SINCE DECEASED HIS LEGAL HEIRS LEELAVATI BHAGWANLAL KANDI SINCE DECEASED
- Disposal
- Allowed
Holding
The court held that the interim application is allowed as there is no delay and the amendment is necessary to include the legal heirs.
Summary
The applicant, Sharad Ramchandra Phadke, filed an interim application seeking to bring on record the legal heirs of the deceased Respondent No.3 in a second appeal. The court examined whether the amendment to include the heirs was permissible and whether there was any delay in filing the application. Finding no delay and deeming the amendment necessary for proper adjudication, the court allowed the interim application. It directed that the amendment be effected within two weeks from the order. The court also scheduled the final hearing of the second appeal for 8 October 2026 and instructed the parties to file a compilation of documents, a short synopsis, and their legal positions with authorities before that date.
Issues considered
- Whether the interim application to bring on record the legal heirs of the deceased respondent can be allowed without prejudice to procedural timelines
Subjects
- interim application
- legal heirs
- amendment
- civil procedure
- second appeal
Judgment
38-IA-1028-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1028 OF 2026
IN
SECOND APPEAL NO. 1342 OF 2005
WITH
INTERIM APPLICATION (STAMP) NO. 935 OF 2021
IN
SECOND APPEAL NO. 1342 OF 2005
Sharad Ramchandra Phadke …Applicant
Vs.
Bhagwanlal Durgaram Kandi Since Deceased His
Legal Heirs Leelavati Bhagwanlal Kandi Since Decd …Respondents
Ms. Smita Shinde a/w Ms. Vaishnavi Phade, advocate for the
Applicant
Mr. Akshay Kulkarni, advocate for Respondent Nos.1 to 4
CORAM : RAJESH S. PATIL, J.
DATE : 3 SEPTEMBER 2026
P. C. :
INTERIM APPLICATION NO. 1028 OF 2026
1. This Interim Application has been filed for bringing on record
legal heirs of deceased Respondent No.3. There is no delay in filing
IRESH
MASHAL the Application.
Digitally signed
by IRESH
MASHAL
Date:
2026.09.09
2. For the reasons stated in the Application, Interim Application
10:19:05
+0530
stands allowed in terms of prayer clause (a).
3. Amendment to be carried out within a period of two weeks
from today.
Iresh
38-IA-1028-2026.doc
4. Second Appeal to come up under the caption for “Final
Hearing” on 8 October 2026.
5. Parties to file a compilation of document, short synopsis along
with their preposition of law and authorities relied upon by them
before the next date of hearing
(RAJESH S. PATIL, J.)
Iresh
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