Bombay High Court

SMT GUNABAI RAMAJI KORDE Since deceasedversusSatyabhamabai Ramaji Korde

Disposal: Allowed

Holding

The court held that the interim application should be allowed.

Summary

The applicant, Smt. Gunabai Ramaji Korde (deceased), filed an interim application in a second appeal to bring on record the legal heirs of the deceased appellant No.2. Respondent, Satyabhamabai Ramaji Korde, through counsel Prafulla Shah, raised an oral objection to the filing of the interim application. The bench, after hearing counsel for both sides and reviewing the contents of the application, considered whether the objection warranted rejection. The judge found that the application was procedurally sound and that the objection did not merit denial. Consequently, the court allowed the interim application in accordance with prayer clauses A and B. The court directed that any amendment to the application be effected within three weeks.

Issues considered

Whether the interim application to record the legal heirs of the deceased appellant can be allowed despite the respondent's oral objection

Subjects

interim application
legal heirs
civil procedure
objection
court order

Judgment

                                                     46-IA-1164-2026 (C).docx


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


          INTERIM APPLICATION NO. 1164 OF 2026
                           IN
              SECOND APPEAL NO. 159 OF 2012
Smt Gunabai Ramaji Korde Since
Deceased                            … Applicant
         V/s.
Satyabhamabai Ramaji Korde          … Respondent
Mr. Atul Khilari, Advocate for Applicant.
Mr. Prafulla Shah (Through            VC),   Advocate    fo
respondent nos. 1 to 7.



                              CORAM      : RAJESH S. PATIL, J.


                              DATED      : SEPTEMBER 11, 2026
P.C.:


1.      This is an application filed to bring on record the legal heirs

of deceased appellant No.2. Mr.Shah, learned counsel for

respondent has raised an oral objection for allowing the present

Interim Application.


2.      I have heard the learned counsel for the parties and have

gone through the contents of the Interim Application. I am

convinced that the present Interim Application deserves to be

allowed.



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                                                46-IA-1164-2026 (C).docx


3.    The Interim Application stands allowed in terms of prayer

clauses (A) and (B).


4.    Amendment to be carried out within a period of three weeks.




                                            (RAJESH S. PATIL, J.)




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