Bombay High Court
SHRI.PAWAR ASHOK HANAMANT DECD THR LEGAL HEIRSversusSTATE OF MAHARASHTRA AND ORS
- Disposal
- Allowed
Holding
The interim application is allowed, permitting amendment to bring the legal heirs on record.
Summary
The petitioners, legal heirs of the deceased Shri Pawar Ashok Hanamant, filed an interim application to have the heirs brought on record in Writ Petition No. 5865 of 2014. The court noted a delay in filing the application but, after hearing counsel, found sufficient grounds to permit the amendment. The judges allowed the interim application, directing the petitioners to amend the writ petition to include the heirs within two weeks and to serve the amended copy on the respondents. The amendment will reflect the corrected prayer clauses (a) to (d). The interim application was subsequently disposed.
Issues considered
- Whether the court may allow an amendment to bring the legal heirs of a deceased petitioner on record despite a delay in filing the interim application.
Subjects
- interim application
- amendment
- legal heirs
- writ petition
- procedural delay
- civil appellate jurisdiction
Judgment
2026:BHC-KOL:7688-DB
12.IA.11434.2025.odt
IN THE JUDICATURE OF HIGH COURT AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 11434 OF 2025
IN
WRIT PETITION NO. 5865 OF 2014
Shri.pawar Ashok Hanamant Deceased
Through Legal Heirs ...Applicants
Versus
The State of Maharashtra and Others ...Respondents
***
Mr. Viraj Patil (Through V.C.) a/w Mr. Vaibhav Kupawade, Advocate
for the Applicants.
Mr. A. P. Vanarase, AGP for Respondent Nos.1 to 3.
***
CORAM : RAJESH S. PATIL AND
ABHAY J. MANTRI, JJ.
DATE : 18 AUGUST, 2026.
P. C. :
1. This interim application is filed to bring on record the legal
heirs of deceased Petitioner No.2. There is some delay in filing the
application.
2. We have heard learned counsel for both the parties and
gone through the contents of the interim application. We are satisfied
that sufficient ground is made out for allowing this interim application.
3. The interim application is allowed in terms of amended
prayer clauses (a), (b), (c) and (d).
Shrikant Malani Page 1 of 2
12.IA.11434.2025.odt
4. The amendment to be carried out within a period of two
weeks from today. The applicant shall serve the amended copy of the
writ petition on the respondents.
5. The interim application is disposed of.
(ABHAY J. MANTRI, J.) (RAJESH S. PATIL, J.)
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