Bombay High Court

VITTHAL NARSU PATIL ,SINCE DECEASEDversusSHAMRAO SHRIPATI PATIL

Disposal: Allowed

Holding

The court allowed the interim application as the respondent consented, directing amendment within three weeks.

Summary

The applicant, Vitthal Narsu Patil (deceased), sought to bring on record his legal heirs in a second appeal. An interim application was filed for this purpose, albeit with some delay. The sole respondent, Shamrao Shripati Patil, through counsel, raised no objection to the amendment. The court noted the respondent's consent and, despite the delay, allowed the interim application for the specified prayer clauses. It directed that the amendment be effected within three weeks from the date of the order.

Issues considered

Whether an interim application to record the legal heirs of a deceased appellant can be allowed despite a delay in filing.

Subjects

interim application
legal heirs
succession
amendment
civil procedure
delay

Judgment

                                                          ia-13513-2023.docx


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

           INTERIM APPLICATION NO. 13513 OF 2023
                                 IN
                 SECOND APPEAL NO. 406 OF 2010
Vitthal Narsu Patil ,since Deceased    … Applicant
            V/s.
Shamrao Shripati Patil                 … Respondent
                ________________________
Mr. Sachind P. Shetye i/b. Mr. Amar Parsekar a/w. Mr.
Ajay Parsekar, Advocate for the Applicant.
Mr. Nikhil N. Pawar, Advocate for respondent.
               _________________________

                              CORAM        : RAJESH S. PATIL, J.


                              DATED        : SEPTEMBER 10, 2026
P.C.:


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

legal heirs of deceased appellant No.1.


2.      There is some delay in filing the present application.


3.      Mr.   Pawar,   learned   counsel    appearing   for   the     sole

respondent, has no objection if the Interim Application is allowed.


4.      In view of the statement made by the learned counsel for the

respondent, the Interim Application stands allowed in terms of

prayer clauses (b), (c) and (d).

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                                                   ia-13513-2023.docx


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

from today.

                                           (RAJESH S. PATIL, J.)




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