Bombay High Court

SAMPAT YASHWANT PATIL SINCE DECEASED THR HIS LEGAL HEIRSversusNIVRUTTI YASHWANT PATIL SINCE DECEASED THR HIS LEGAL HEIRS

Disposal: Allowed

Holding

The court held that the interim application is allowed to bring on record the legal heirs of deceased respondent No. 6(H).

Summary

The applicant filed an interim application in a second appeal seeking to have the legal heirs of deceased respondent No. 6(H) placed on record. The court noted that a notice had been issued to respondents 6(H)(a) to 6(H)(e) and that the applicant’s counsel had served a private notice on the proposed heirs. When the matter was called, none of the proposed heirs appeared before the court. After hearing counsel for the applicant and reviewing the application, the judge found that a case was made out to allow the amendment. Consequently, the interim application was allowed and the amendment to bring the heirs on record was ordered to be effected within two weeks.

Issues considered

Whether the interim application to bring on record the legal heirs of deceased respondent No. 6(H) should be allowed

Subjects

interim application
legal heirs
notice
civil procedure
amendment

Judgment

                                                          20-IA-13739-2024 (C).docx


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIRCUIT BENCH AT KOLHAPUR
                           CIVIL APPELLATE JURISDICTION
                    INTERIM APPLICATION NO. 13739 OF 2024
                                         IN
                        SECOND APPEAL NO. 671 OF 2002
        Sampat Yashwant Patil Since Deceased
        Thr His Legal Heirs                                    ...Applicant
                     VERSUS
        Nivrutti Yashwant Patil Since Deceased
        Thr His Legal Heirs                                 ...Respondent
                                     ___________
        Mr. Tanaji Mhatugade, Advocate for Applicant
        Mr. Sharad T. Bhosale a/w. Amar P. Dhumal, advocate for respondent
        nos. 1A to 1D, 5A, 5B & 5C.
                                    ___________

                                          CORAM : RAJESH S. PATIL, J.
                                          DATE : 28 AUGUST 2026
        P. C. :

        1.        This interim application is filed to bring on record the legal

        heirs of deceased respondent No. 6(H).

        2.        Office remark shows that notice was issued to respondent

        Nos. 6(H)(a) to 6(H)(e). So also the advocate for the applicant has

        served the proposed legal heirs through advocate's private notice.

        3.        None appears for the proposed legal heirs of respondent No.

        6(H) when the matter is called out.

        4.        I have heard the counsel appearing for the applicant and gone

        through the contents of the interim application. I am satisfied a case

        is made out to allow this interim application.

        5.        Interim application stands allowed in terms of prayer clauses




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                                                       20-IA-13739-2024 (C).docx


        (A), (B), (C), and (D).


        6.       Amendment to be carried within a period of two weeks from

        today.


                                                   [RAJESH S. PATIL, J.]




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