Bombay High Court
MAHADEV GANAPAT KADAMversusGANUJI BHAIRU KADAM RAWALE
- Disposal
- Allowed
Holding
The court held that there is no delay in filing the interim applications and allowed them.
Summary
The applicant filed several interim applications to record the legal heirs of a deceased appellant (No.5) who died on 4 May 2021. The applications were filed on 25 July 2023, during the COVID-19 period. Relying on the Supreme Court’s decision in Suo Motu Petition (C) No.3 of 2020, the court held that the pandemic does not constitute a delay in filing. Consequently, the interim applications were allowed as per the prayer clause (b). The court further directed that the necessary amendment be effected within three weeks from the date of the order.
Issues considered
- Whether the filing of interim applications during the COVID-19 period amounts to a delay under procedural law
- Whether the legal heirs of a deceased appellant can be added to the record through interim applications
Subjects
- legal heirs
- interim application
- COVID-19
- procedural delay
- amendment
- civil procedure
Judgment
35-IA-13956-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 13956 OF 2023
IN
SECOND APPEAL NO. 427 OF 2016
Mahadev Ganapat Kadam …Applicant
Vs
Ganpat Bhairu Kadam (Rawale) Since
Deceased Through Legal Heirs …Respondent
WITH
INTERIM APPLICATION NO. 13390 OF 2024
IN
SECOND APPEAL NO. 555 OF 2016
WITH
INTERIM APPLICATION NO. 17637 OF 2022
IN
SECOND APPEAL NO. 427 OF 2016
Mahadev Ganapat Kadam …Applicant
Vs
Ganuji Bhairu Kadam Rawale …Respondent
WITH
INTERIM APPLICATION NO. 14342 OF 2023
IRESH
IN
MASHAL
SECOND APPEAL NO. 720 OF 2016
Digitally signed
by IRESH
MASHAL
Ganpat Bhairu Kadam (Rawale) Since Deceased
Throuhgh His Legal Heirs Mahadev Ganpat Kadam …Applicant
Date:
2026.09.11
19:12:30
+0530
Vs
Gunaji Bhairu Kadam (Rawale) …Respondent
Mr. Poras Shah, advocate for the Applicant
CORAM : RAJESH S. PATIL, J.
DATE : 11 SEPTEMBER 2026
P. C. :
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Iresh
35-IA-13956-2023.doc
INTERIM APPLICATION NO. 13956 OF 2023, INTERIM
APPLICATION NO. 14342 OF 2023 AND INTERIM APPLICATION
NO. 13390 OF 2024
1. These Interim Applications have been filed to bring on record
legal heirs of deceased Appellant No.5. It is submitted by learned
counsel for the Applicant that Appellant No.5 died on 4 May 2021.
Immediately thereafter, Interim Application has been filed on
25 July 2023. Both dates are during the covid period.
2. In view of the Judgment of the Supreme Court in Suo Motu
Petition (C) No.3 of 2020, there is no delay in filing these Interim
Applications.
3. In view of the same, Interim Applications stand allowed in
terms of prayer clause (b).
4. Amendment to be carried out within a period of three weeks
from today.
(RAJESH S. PATIL, J.)
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Iresh
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