Bombay High Court
GANPAT BHAIRU KADAM (RAWALE) SINCE DECEASED THROUGH HIS LEGAL HEIRS MAHADEV GANPAT KADAMversusGUNAJI BHAIRU KADAM (RAWALE)
- Disposal
- Allowed
Holding
The Court held that amendments to prayer clauses and deletion of a deceased party’s name are permissible where a clear case is made and the legal heirs are already parties.
Summary
The appellant, Mahadev Ganapat Kadam, filed several interim applications in multiple second appeals seeking procedural relief. The applications sought either permission to amend prayer clauses or to delete the name of a deceased co‑appellant, Smt. Anjirabai Ganpat Kadam, whose legal heirs were already parties. The Court examined whether the amendments were permissible under the Rules of Civil Procedure and whether the deletion of a deceased party’s name could be ordered. Finding that the appellant had demonstrated a valid need for amendment and that the deceased’s heirs were already on record, the Court allowed the applications. The Court granted liberty to amend the prayer clauses and ordered the deletions, directing that the amendments be effected immediately and the matters be listed for further hearing on 11 September 2026.
Issues considered
- Whether the appellant is entitled to amend the prayer clause of an interim application under the Civil Procedure Rules
- Whether the Court may delete the name of a deceased party from the list of appellants in an interim application
Subjects
- interim application
- amendment of pleadings
- death of party
- civil procedure
- High Court
Judgment
17-IA-13956-2023 (C).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 13956 OF 2023
IN
SECOND APPEAL NO. 427 OF 2016
Mahadev Ganapat Kadam ...Applicant
VERSUS
Ganpat Bhairu Kadam (rawale) Since
Deceased Through Legal Heirs ...Respondent
WITH
INTERIM APPLICATION NO. 13379 OF 2024
IN
SECOND APPEAL NO. 427 OF 2016
Mahadev Ganapat Kadam ...Applicant
VERSUS
Ganpat Bhairu Kadam (rawale) Since
Deceased Through His Legal Heirs ...Respondent
WITH
INTERIM APPLICATION NO. 13390 OF 2024
IN
SECOND APPEAL NO. 555 OF 2016
Mahadev Ganapat Kadam ...Applicant
VERSUS
Ganuji Bhairu Kadam Rawale ...Respondent
WITH
INTERIM APPLICATION NO. 14341 OF 2023
IN
SECOND APPEAL NO. 720 OF 2016
Ganpat Bhairu Kadam (rawale) Since Deceased Through
His Legal Heirs Mahadev Ganapat Kadam ...Applicant
VERSUS
Gunaji Bhairu Kadam (rawale) ...Respondent
WITH
INTERIM APPLICATION NO. 14342 OF 2023
IN
SECOND APPEAL NO. 720 OF 2016
Ganpat Bhairu Kadam (rawale) Since Deceased Throuhgh
His Legal Heirs Mahadev Ganpat Kadam ...Applicant
VERSUS
Gunaji Bhairu Kadam (rawale) ...Respondent
WITH
INTERIM APPLICATION NO. 14345 OF 2023
IN
SECOND APPEAL NO. 555 OF 2016
Rushi 1 of 5
17-IA-13956-2023 (C).docx
Ganpat Bhairu Kadam (rawale)
Since Deceased Through
His Legal Heirs Mahadev Ganpat Kadam ...Applicant
VERSUS
Gunaji Bhairu Kadam (rawale) ...Respondent
WITH
INTERIM APPLICATION NO. 17637 OF 2022
IN
SECOND APPEAL NO. 427 OF 2016
Shri. Mahadev Ganpat Kadam ...Applicant
VERSUS
Gujanji Bhairu Kadam(rawale) ...Respondent
___________
Mr. Poras Shah, Advocate for the Appellant.
___________
CORAM : RAJESH S. PATIL, J.
DATE : 28 AUGUST 2026
P. C. :
INTERIM APPLICATION NO. 13956 OF 2023
1. The learned counsel for the appellant/applicant seeks leave
and liberty to amend prayer clause (b) of the Interim Application
No. 13956 of 2023.
2. Liberty as prayed granted. Amendment to be carried
forthwith.
3. Stand over to 11 September 2026.
INTERIM APPLICATION NO. 13379 OF 2024
4. This interim application is filed to delete the name of the
appellant No. 1 (Smt. Anjirabai Ganpat Kadam) as she has died
during the pandemic and her legal heirs are already on record as
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17-IA-13956-2023 (C).docx
appellant Nos. 2 to 5.
5. In view of the same, upon hearing the counsel appearing for
the appellant, I am satisfied a case is made out to allow the interim
application.
6. Interim application stands allowed in terms of prayer clauses
(a) and (b).
7. Amendment to be carried forthwith.
Interim Application No. 13390 of 2023
8. The learned counsel for the appellant/applicant seeks leave
and liberty to amend prayer clause (b) of the Interim Application
No. 13390 of 2023.
9. Liberty as prayed granted. Amendment to be carried
forthwith.
10. Stand over to 11 September 2026.
INTERIM APPLICATION NO. 14345 OF 2023
11. This interim application is filed to delete the name of the
appellant No. 1 (Smt. Anjirabai Ganpat Kadam) as she has died
during the pandemic and her legal heirs are already on record as
appellant Nos. 2 to 5.
12. In view of the same, upon hearing the counsel appearing for
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17-IA-13956-2023 (C).docx
the appellant, I am satisfied a case is made out to allow the interim
application.
13. Interim application stands allowed in terms of prayer clauses
(a) and (b).
14. Amendment to be carried forthwith.
INTERIM APPLICATION NO. 14342 OF 2023
15. The learned counsel for the appellant/applicant seeks leave
and liberty to amend prayer clause (b) of the Interim Application
No. 14342 OF 2023.
16. Liberty as prayed granted. Amendment to be carried
forthwith.
17. Stand over to 11 September 2026.
INTERIM APPLICATION NO. 14341 OF 2023
18. This interim application is filed to delete the name of the
appellant No. 1 (Smt. Anjirabai Ganpat Kadam) as she has died
during the pandemic and her legal heirs are already on record as
appellant Nos. 2 to 5.
19. In view of the same, upon hearing the counsel appearing for
the appellant, I am satisfied a case is made out to allow the interim
application.
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20. Interim application stands allowed in terms of prayer clauses
(a) and (b).
21. Amendment to be carried forthwith.
[RAJESH S. PATIL, J.]
Rushi 5 of 5
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