Bombay High Court

VITTHAL NARSU PATIL DECEASEDversusSHAMRAO SHRIPATI PATIL

Disposal: Allowed

Holding

The court allowed the interim application to record the legal heirs, despite the delay, as the respondent did not object.

Summary

The applicant filed an interim application to record the legal heirs of the deceased appellant No.1b in a second appeal. The court noted a delay in filing the application but observed that the respondent's counsel raised no objection. Consequently, the court permitted the interim application in accordance with the specified prayer clauses. The order directed that the necessary amendment be effected within three weeks from the date of the order. No substantive merits of the appeal were addressed; the order solely dealt with procedural relief.

Issues considered

Whether an interim application to record legal heirs may be entertained despite delay in filing
Whether the respondent's lack of objection suffices to allow the interim application

Subjects

interim application
legal heirs
procedural delay
amendment
civil appellate jurisdiction

Judgment

                                                        6-IA-13515-2023 (C).docx


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

           INTERIM APPLICATION NO. 13515 OF 2023
                             IN
                 SECOND APPEAL NO. 406 OF 2010
Vitthal Narsu Patil 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.1b.


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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                                                6-IA-13515-2023 (C).docx


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

from today.

                                           (RAJESH S. PATIL, J.)




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