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Bombay High Court

RAGHAV YOGESH HEDA THR POA YOGESH HEDA AND ORS.versusYUSUF MAHAMMAD KAPSE SINCE DEC. THR. LRS. AND ORS.

Disposal
Allowed

Holding

The court allowed the amendment of the cause title in the revision application as sought by the applicants.

Summary

The applicants filed an interim application seeking permission to amend the cause title of Civil Revision Application No. 476 of 2008 by substituting certain names of parties. The respondents (Nos. 1B & 1C) raised no objection to the proposed amendments. The Court, noting the lack of objection, allowed the application and ordered that the amendments be effected immediately. The court also authorized the newly substituted applicants to be represented by Advocate C.G. Gavnekar. The interim application was consequently disposed of.

Issues considered

  • Whether the court may permit amendment of the cause title in a pending civil revision application.

Subjects

  • civil procedure
  • amendment of cause title
  • interim application
  • revision
  • court order

Judgment

                                                          40-IA-1409-2026 (C).docx


          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR

                     CIVIL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO. 1409 OF 2026
                                  IN
              CIVIL REVISION APPLICATION NO. 476 OF 2008

Raghav Yogesh Heda And Ors.                          … Applicants
In the matter between :-
Kisan Mohanlal Heda                                  … Applicants
(Since deceased) Through LRs
1(a) Smt. Gitabai Shrikisan Heda & Ors.
                   Versus.
Yusuf Mahammad Kapse (Since Deceased)                … Respondents
Through LRs
A. Smt. Shantabai Yusuf Kapse & Ors.



                                      -----
Mr. S.C. Mangle a/w. Mr. Ashitosh S. Jambilkar i/b. Mr. C.G. Gavnekar for the
Applicants.
Mr. Gajraj A. Mali i/b. Mr. Chetan G. Patil for the Respondent Nos.1B & 1C.
                                     -------

                                Coram :       ASHWIN D. BHOBE, J.

                                Date      :   10th September 2026.

PER COURT :


1.    Heard Mr. S. C. Mangle, learned Advocate for the Applicants and Mr.

Mali, learned Advocate for the Respondent Nos.1B & 1C.




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2.    By this Interim Application, the Applicants have sought the following

substantive relief:


       “a)     The applicants be permitted to carry out the necessary
               amendment in the cause title of the Revision application by
               substituting the names of the present Applicants No 1 and 2
               in place of the original applicants number 1A to 1G.

       b)      The applicants be further permitted to carry out the
               necessary amendment in the cause title of the revision
               application by substituting the name present applicant
               number 3 in place of original applicant number 5A.

       c)      For such other and further orders as this Hon'ble
               Commission deems fit and proper in the facts and
               circumstances of the case.”



3.    Mr. S. C. Mangle, learned Advocate for the Applicants, submits that the

Applicants have stated the purpose of substitution in paragraphs 4 and 7 of

the Application.


4.    Mr. Gajraj A. Mali learned Advocate for the Respondent Nos. 1B & 1C,

states that he has no objection to allowing this Application and to the grant of

the reliefs prayed for by the Applicants in paragraphs 11(a) and 11(b) of this

Application.


5.    In view of the no-objection given by Mr. Gajraj A. Mali, learned



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                       Advocate for the Respondent Nos. 1B & 1C, this Application is allowed in

                       terms of prayer clauses (a) and (b). The Applicants are permitted to amend

                       the cause title of the Civil Revision Application No. 476 of 2008 by

                       substituting the names of Applicant Nos. 1 & 2 in place of the original

                       Applicant Nos. 1(a) to 1(g). Similarly, the Applicants are permitted to amend

                       the cause title by substituting the name of Applicant No. 3 in place of the

                       original Applicant No. 5A.


                       6.     Mr. S. C. Mangle, learned Advocate for the Applicants, requests

                       permission to carry out the amendment forthwith. Permission granted. The

                       amendment be carried out forthwith.


                       7.     Mr. S. C. Mangle, learned Advocate for the Applicants, submits that

                       Advocate Mr. C. G. Gavnekar has filed Vakalatnama on behalf of the

                       Applicants, who are now substituted pursuant to the reliefs in this

                       Application and that he appears for all the Applicants alongwith Advocate Mr.

                       C. G. Gavnekar


                       8.     Interim Application No. 1409 of 2026 is disposed of.




                                                             [ ASHWIN D. BHOBE, J. ]
           Digitally signed
           by OMKAR
           SHIVAHAR
OMKAR      KUMBHAKARN
SHIVAHAR
KUMBHAKARN Date:
           2026.09.11
           11:47:55
           +0530




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