Bombay High Court
BAPU GOPAL MANDEKAR AND ORS.versusLT. MARUTI KALE MANDEKAR (DECEASED) THR. LRS. LALITA MARUTI MANDEDKAR AND ORS.
- Disposal
- Disposed Off
Holding
The Court allowed the deletion of the deceased respondents' names from the array of respondents.
Summary
The applicants filed an interim application in the Bombay High Court seeking permission to delete the names of Respondent Nos. 4C, 6, 9, 10 and 14B from the list of respondents on the ground that those respondents had died. Counsel for the contesting respondents (Nos. 1A to 1E and 8) raised no objection to the amendment. The Court, after noting the lack of objection and the reasons stated in the application, allowed the request and directed the applicants to amend the appeal memorandum accordingly and serve it on the respondents before the next date. The application was thereafter disposed, and the main appeal was scheduled to be heard on 8 October 2026. Any earlier ad‑interim relief was ordered to continue until the next hearing.
Issues considered
- Whether the High Court may permit the deletion of deceased parties from the array of respondents in an appeal.
- Whether any procedural impediment exists to amending the appeal memorandum to reflect the deletion of such parties.
Subjects
- interim application
- amendment of parties
- death of parties
- Civil Procedure Code
- High Court of Bombay
- appeal memorandum
Judgment
26-IA-1180-2026 (C).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1180 OF 2026
IN
APPEAL FROM ORDER NO. 322 OF 2024
Bapu Gopal Mandekar and others ] Applicants
versus
Maruti Kale Mandekar (since deceased) ]
through His Legal Heirs; ]
Digitally
signed by
Lalita Maruti Mandedkar and others ] Respondents
SHAILAJA
SHAILAJA SHRIKANT
SHRIKANT HALKUDE
HALKUDE Date:
2026.09.04
10:40:12
.....
+0530
Mr. Amol Amarnath Kanaki i/b Mr. Prasad P. Kulkarni, Advocates for
Applicants.
Ms. Ankita D. Mali i/b Mr. Shubham R. Dhenge, for Respondent Nos.1A to 1
E.
Mr. Mihir Modkar i/b Mr. Mahesh Rawool, Advocate for Respondent No. 8.
.....
CORAM : ABHAY J. MANTRI, J.
DATE : SEPTEMBER 3, 2026
PER COURT :
1. The Applicants/Appellants have preferred the present
Application seeking permission to delete the names of Respondent Nos. 4C,
6, 9, 10 and 14B from the array of Respondents, on the ground that the said
Respondents have died. Learned Advocate appearing for Respondent Nos.1A
to 1E and 8, who are the contesting Respondents, has given their no
objections.
Shailaja Page 1 of 2
26-IA-1180-2026 (C).odt
2. In view of the no objections given by the learned Advocates
appearing for Respondent Nos.1A to 1E and Respondent No. 8, and for the
reasons stated in the Application, the Application is allowed in terms of prayer
clause (a).
3. The Applicants/Appellants are directed to carry out the
amendment forthwith. The amended Appeal Memo shall be served upon the
Respondents on or before the next date.
4. The Application stands disposed of.
5. Appeal from Order to come up on board on 8th October, 2026.
6. Ad-interim relief, if any, granted earlier, shall continue till the
next date.
(ABHAY J. MANTRI, J.)
Shailaja Page 2 of 2
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