Bombay High Court

Smt Bharti Chandrakant WarkariversusDattatray Ramchandra Warkari

Disposal: Allowed

Holding

The interim application is allowed, and the time to file the paper book is extended by two months.

Summary

The applicant filed an interim application seeking to record the legal heirs of deceased respondent No.2 in a second appeal. The respondent's counsel expressed no objection to the application. The court, noting the respondent's fair stance, allowed the interim application in accordance with prayer clauses A, B, and C, directing that the amendment be effected within two weeks. Additionally, the court extended the deadline for filing the paper book in a related second appeal by two months. The order reflects procedural facilitation to ensure proper representation of parties.

Issues considered

Whether the interim application to record the legal heirs of a deceased respondent should be allowed.
Whether the court may extend the time for filing the paper book in the second appeal.

Subjects

interim application
legal heirs
procedural law
extension of time
civil appellate jurisdiction

Judgment

                                                      59-IA-1440-2026-(C).docx


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

              INTERIM APPLICATION NO. 1440 OF 2026

Smt Bharti Chandrakant Warkari                 … Applicant
           V/s.
Dattatray Ramchandra Warkari                   … Respondent

                               IN
                 SECOND APPEAL NO. 310 OF 2016
                             WITH
              INTERIM APPLICATION NO. 1760 OF 2021
                               IN
                 SECOND APPEAL NO. 310 OF 2016

Chandrakant Shivrudra Warkari                  … Applicant
          V/s.
Nandkumar Ramchandra Warkari And
Ors                                            … Respondents

Mr. Ajay Rajenimbalkar, advocate for the Applicant
Mr. Sanket V. Patil h/f Mr. Aditya S. Raktade, advocate for
Respondent Nos.1-5, 7 and 8.



                              CORAM        : RAJESH S. PATIL, J.


                              DATED        : SEPTEMBER 24, 2026
P.C.:
                INTERIM APPLICATION NO.1440 OF 2026


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

legal heirs of deceased respondent No.2.


2.      Mr. Rajenimbalkar, learned counsel appearing for the respondent,



                                   1/2
adn
                                                       59-IA-1440-2026-(C).docx


has no objection if the present Interim Application is allowed.


3.    In view of the fair stand taken by the learned Advocate appearing

for the respondent, the Interim Application stands allowed in terms of

prayer clauses (A), (B) and (C).


4.    Amendment to be carried out within a period of two weeks.


                  SECOND APPEAL NO. 566 OF 2006


5.    The time to file the paper book is further extended by a period of

two months.



                                                 (RAJESH S. PATIL, J.)




                                   2/2
adn

Continue reading with your account

Checking your session…