Bombay High Court

SMT MRUNALINI MADHUSUDAN TEMBE DECEASEDversusSHRI SURESH SHIRSAPPA GHUGARE DECEASED THROUGH LEGAL HEIRS

Disposal: Allowed

Holding

The court allowed the interim application to bring on record the legal heirs of the deceased respondent.

Summary

An interim application was filed in the Bombay High Court, Kolhapur Circuit Bench, seeking to bring on record the legal heirs of the deceased respondent No.1 in a second appeal. The applicant, Smt. Mrunalini Madhusudan Tembe, contended that the heirs should be allowed to be represented in the pending proceedings. The respondent’s counsel opposed the application. After hearing both sides, the court found that a case was made out to permit the amendment. Consequently, the court allowed the interim application with respect to the specified prayer clauses and directed that the amendment be effected within three weeks.

Issues considered

Whether the legal heirs of the deceased respondent can be brought on record in the pending second appeal?

Subjects

interim application
legal heirs
civil appellate jurisdiction
procedure

Judgment

                                                       38-IA-1390-2026 (C).docx


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


               INTERIM APPLICATION NO. 1390 OF 2026
                                 IN
                    SECOND APPEAL NO. 8 OF 2018
Smt     Mrunalini    Madhusudan     Tembe
Deceased                                    … Applicant
             V/s.
Shri Suresh Shirsappa Ghugare Deceased
Through Legal Heirs                         … Respondent
                                WITH
                 CIVIL APPLICATION NO. 1877 OF 2017
                                 IN
                    SECOND APPEAL NO. 8 OF 2018
Smt.mrunalini Madhusudan Tembe              … Applicant
             V/s.
Shri.suresh Shrisappa Ghugare               … Respondent
                 ________________________
Ms. Sakshi Jankar a/w. Ms. Ketaki Patil i/b. Mr. Abhijit
Adagule, Advocate for the Applicants.
Mr. Rugwed Kinkar, Advocate for respondent.
                _________________________

                              CORAM        : RAJESH S. PATIL, J.


                              DATED        : SEPTEMBER 17, 2026
P.C.:
               INTERIM APPLICATION NO. 1390 OF 2026


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

legal heirs of deceased respondent No.1.


2.      Mr. Kinkar, learned counsel      appears for the respondent has

opposed the grant of this Interim Application.


                                   1/2
adn
                                                        38-IA-1390-2026 (C).docx


3.       Having heard learned counsel for both the sides and having gone

through the contents of the Interim Application, I am convinced that a

case is made out to allow the Interim Application.


4.       The Interim Application stands allowed in terms of prayer clauses

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


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

today.



                                                  (RAJESH S. PATIL, J.)




                                    2/2
adn

Continue reading with your account

Checking your session…