Bombay High Court

HABIB BADSHAHA MULANI SINCE DECD THR HIS LRSversusPRAKASH KISAN KAMBALE SINCE DECD THR HIS LRS

Disposal: Allowed

Holding

The court held that the legal heirs of the deceased Respondent No.1A are already on record and allowed the interim application.

Summary

An interim application was filed seeking to record the legal heirs of the deceased Respondent No.1A in a second appeal. The court examined whether the heirs were already on the record. It found that the heirs were indeed already recorded. Consequently, the application was allowed in accordance with the prayer clauses. The court directed that the necessary amendment be made within three weeks and listed the second appeals for final hearing on 9 October 2026.

Issues considered

Whether the legal heirs of the deceased Respondent No.1A are already on record in the second appeal

Subjects

interim application
legal heirs
amendment
civil appellate jurisdiction
record of parties

Judgment

                                                  53-IA-1323-2026.doc


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

            INTERIM APPLICATION NO. 1323 OF 2026
                             IN
               SECOND APPEAL NO. 176 OF 2013
Habib Badshaha Mulani Since Decd Thr His Lrs        …Applicant
     Vs
Prakash Kisan Kambale Since Decd Thr His Lrs     …Respondent

                           WITH
                SECOND APPEAL NO. 437 OF 2019
                            WITH
            INTERIM APPLICATION NO. 17956 OF 2023
                             IN
                SECOND APPEAL NO. 437 OF 2019
                             WITH
            CIVIL APPLICATION IN SA NO. 507 OF 2015
                              IN
                SECOND APPEAL NO. 437 OF 2019
Sou. Dalimbi Jagannath Gadage (d/h)                 …Appellant
      Vs
Prakash Kisan Kamble (d/h) and Others            …Respondents

                            WITH
             INTERIM APPLICATION NO. 480 OF 2023
                             IN
                SECOND APPEAL NO. 176 OF 2013
Prakash Kisan Kambale(since Decd.thr.lrs) Smt.
Shalan Prakash Kambale and Ors.                    …Applicants
     Vs
Prakash Kisan Kambale(since Decd.thr.lrs)
Smt. Shalan Prakash Kambale and Ors.             …Respondents




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                                                               53-IA-1323-2026.doc


Mr. Sharad T. Bhosale a/w Mr. Pruthviraj M. D., advocate for the
Applicants
Mr. Vishwanath S. Talkute, advocate for Respondents

                                  CORAM : RAJESH S. PATIL, J.
                                  DATE   : 10 SEPTEMBER 2026
P. C. :
                  INTERIM APPLICATION NO. 1323 OF 2026

1.      Interim Application has been filed to bring on record the legal

heirs of deceased Respondent No. 1A.

2.      It is submitted that the legal heirs of deceased Respondent

No.1A are already on record.

3.      In view of the submissions made by the counsel for the

Appellant, Interim Application stands allowed in terms of prayer

clauses (a) and (b).

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

from today.

5.      List the Second Appeals on 9 October 2026 for final hearing.



                                                      (RAJESH S. PATIL, J.)

          IRESH  Digitally signed by
                 IRESH MASHAL

          MASHAL Date: 2026.09.11
                 12:35:45 +0530




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