Bombay High Court
AGRAJEETSEN SATISH MULIKversusMRS RAJASHREE RAJENDRA DESHPANDE AND ORS.
- Decided
- Disposal
- Disposed Off
- Bench
- GAURI GODSE
Holding
The Court held that the heirs and legal representatives of the deceased respondent may be impleaded as parties in his place.
Summary
The petitioners, Mrs. Rajashree Rajendra Deshpande and others, filed writ petitions challenging actions of respondents Shri Gajanan Narayan Mulik and others. During the pendency of the proceedings, respondent No.1 died and his heirs and legal representatives filed interim applications seeking to be impleaded as parties in his place. The Court considered whether the heirs could be substituted for the deceased under the provisions of the Civil Procedure Code. It examined the principle that a suit or proceeding may continue against the legal representatives of a deceased party. The Court held that the substitution was permissible and allowed the applications. It directed the petitioners’ counsel to amend the pleadings within three weeks and ordered notice for final disposal at the admission stage. The respondents waived further notice and the matter was listed for final disposal on 11 February 2026.
Issues considered
- Whether the heirs and legal representatives of a deceased respondent can be impleaded as parties in place of the deceased
Subjects
- impleadment
- succession
- interim application
- civil procedure
- High Court
- admission stage
Judgment
23-6990-2017-ia-13675-2025.doc
varsha
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6990 OF 2017
WITH
WRIT PETITION NO. 14281 OF 2016
VARSHA Mrs. Rajashree Rajendra Deshpande and Ors … Petitioners
VIJAY
RAJGURU
Digitally signed by
VARSHA VIJAY
vs.
RAJGURU
Date: 2026.01.19
20:26:36 +0530
Shri Gajanan Narayan Mulik and Ors … Respondents
WITH
INTERIM APPLICATION NO. 13675 OF 2025
IN
WRIT PETITION NO. 6990 OF 2017
Agrajeetsen Satish Mulik … Applicant
IN THE MATTER BETWEEN
Mrs. Rajashree Rajendra Deshpande and Ors … Petitioners
vs.
Shri Gajanan Narayan Mulik and Ors … Respondents
WITH
INTERIM APPLICATION (ST) NO. 21587 OF 2025
IN
WRIT PETITION NO. 14281 OF 2016
Agrajeetsen Satish Mulik … Applicant
IN THE MATTER BETWEEN
Mrs. Rajashree Rajendra Deshpande and Ors … Petitioners
vs.
Shri Gajanan Narayan Mulik and Ors … Respondents
Mr. Anil Anturkar, Senior Advocate a/w. Mr. Ashwin Pimpale, for
Petitioners
Mr. Niranjan Mogre a/w. Mr. Mankiratsingh Chhabra a/w. Mr. Swaraj
Page no. 1 of 2
23-6990-2017-ia-13675-2025.doc
M.Savant for Respondent No.1.
Mr. Vijay Killedar a/w. Mr. Aakash Bhopi for Respondent No.2.
CORAM : GAURI GODSE, J.
DATED : 17th JANUARY 2026
ORDER:
INTERIM APPLICATION NO. 13675 OF 2025 AND INTERIM
APPLICATION (ST) NO. 21587 OF 2025
1. These applications are filed by the heirs and legal
representatives of deceased respondent no.1 for impleading them
as party respondents in place of deceased respondent no.1.
2. In the facts and circumstances of the case, the application is
allowed in terms of prayer clause (a).
3. Amendment shall be carried out by the learned advocate for
the petitioners within three weeks.
4. Issue notice for final disposal of the petition at admission
stage.
5. The respective counsels appearing for the respondents waive
notice.
6. List the petitions for final disposal at admission stage on 11th
February 2026.
(GAURI GODSE, J.)
Page no. 2 of 2
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