Bombay High Court

VASANT MAHADEV LONKARversusMANIK SAHADU LONKAR

Decided: 11 September 2026
Disposal: Disposed Off

Holding

The court held that the legal heirs of the deceased respondent may be brought on record, subject to filing the amendment within three weeks.

Summary

The appellants filed an interim application in a second appeal seeking to bring the legal heirs of a deceased respondent onto the court record. The respondent's counsel, Mr. Rameshwar N. Gite, appeared and confirmed that he had instructions to represent those legal heirs. The court examined the averments in the application and, finding no objection, permitted the inclusion of the heirs. It directed that the necessary amendment be filed within three weeks of the order. Consequently, the interim application was disposed of in the appellant's favour.

Issues considered

Whether the legal heirs of a deceased respondent can be added to the record in an ongoing appeal

Subjects

interim application
legal heirs
amendment of parties
Civil Procedure Code
High Court of Bombay

Judgment

  2026:BHC-AS:37574
                         k                                   1/1                          33 ia 12896.24 in sa 396.21 as.doc




                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                CIVIL APPELLATE JURISDICTION

                                            INTERIM APPLICATION NO.12896 OF 2024
                                                            IN
                                                SECOND APPEAL NO.396 OF 2021

                         Vasant Mahadev Lonkar & Ors.                                        ....Appellants
                              V/S
                         Manik Sadhu Lonkar & Ors.                                           ....Respondents
                                                               _________
                         Mr. Sudhir Sadavarte for the Appellants.
                         Mr. Rameshwar N. Gite for Respondents.
                                                               __________

                                                       CORAM : SANDEEP V. MARNE, J.
                                                       DATE : 11 SEPTEMBER 2026.
                         P.C.:

                         1.           The Interim Application is filed for bringing on record legal heirs
                         of deceased Respondent.


                         2.       Mr. Gite, the learned counsel fairly submits that he has
                         instructions to appear on behalf of legal heirs of deceased Respondent.


                         3.       In that view of the matter, considering the averments made in the
                         Interim Application, the same is allowed. Legal heirs of deceased
                         Respondent are permitted to be brought on record. Amendment to be
                         carried out within a period of three weeks from today.


                         4.       The Interim Application is accordingly disposed of.


                                                                                     (SANDEEP V. MARNE, J.)


                          katkam
Signed by: Sudarshan R. Katkam                                     Page No. 1 of 1
Designation: PS To Honourable Judge
Date: 11/09/2026 19:33:20

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