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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.)




Shrikant Malani                                                        Page 2 of 2


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