Bombay High Court

SMT LILAVATI SUDAMAJI BODAKE (DELETED)versusRamakant alias Vijaykumar Sudamaji Bodake

Disposal: Allowed

Holding

The interim application to amend the cause title by impleading the legal heirs of the deceased is allowed.

Summary

The applicant filed an interim application seeking to amend the cause title of Civil Application No. 1715 of 2012 by impleading the legal heirs of the deceased Krishnarao Siddu Bansode. Notices were issued and the legal heirs of the deceased were served, but no appearance was made on behalf of the legal heirs of respondent No.4. The court examined the application and the supporting documents. Finding that the procedural requirements were satisfied, the court allowed the interim application. It directed that the amendment be effected within two weeks from the date of the order.

Issues considered

Whether the cause title of an existing civil application can be amended to implead additional parties who are legal heirs of a deceased person.
Whether proper service of notice to the proposed parties satisfies the requirements for amendment under the Civil Procedure Code.

Subjects

amendment of cause title
impleading legal heirs
interim application
Civil Procedure Code
service of notice

Judgment

                                                   50-IA-11390-2025-(C).docx


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 CIRCUIT BENCH AT KOLHAPUR
                 CIVIL APPELLATE JURISDICTION

             INTERIM APPLICATION NO. 11390 OF 2025

Smt Lilavati Sudamaji Bodake (deleted)       … Applicant
           V/s.
Ramakant Alias Vijaykumar Sudamaji
Bodake                                       … Respondent

                               IN
                SECOND APPEAL NO. 1100 OF 2006
                              WITH
               CIVIL APPLICATION NO. 1715 OF 2012
                               IN
                SECOND APPEAL NO. 1100 OF 2006

Smt Lilavati Sudamaji Bodake And Ors         … Applicants
           V/s.
Ramakant @ Vijaykumar Sudamaji
Bodake And Ors                               … Respondents

Mr. Venketesh A. Shastry (Through VC), Advocate for the
Applicants.



                             CORAM      : RAJESH S. PATIL, J.


                             DATED      : SEPTEMBER 24, 2026
P.C.:
             INTERIM APPLICATION NO. 11390 OF 2025


1.      This Interim Application is filed to amend the cause title of

Civil Application No.1715 of 2012 by impleading the legal heirs of

deceased Krishnarao Siddu Bansode.


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                                                 50-IA-11390-2025-(C).docx


2.    Notices were issued in the present Interim Application. The

office record shows that the legal heirs of deceased Krishnarao

Sidhu Bansode have been duly served. However, none appears on

behalf of the legal heirs of deceased respondent No.4.


3.    I have heard the learned Advocate appearing on behalf of the

applicant and have gone through the contents of the Interim

Application. I am convinced that the present Interim Application

needs to be allowed.


4.    The Interim Application stands allowed in terms of prayer

clause (A).


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

from today.



                                             (RAJESH S. PATIL, J.)




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