Bombay High Court

ANANDA MAHADU PARMALE DECS THR LRSversusMANGAL MANOHAR PARMALE

Disposal: Allowed

Holding

The court held that the interim application is allowed despite the delay, provided the respondent does not object.

Summary

The appellant, Ananda Mahadu Parmale, filed an interim application to record the legal heirs of two deceased appellants in a second appeal. The application was filed after a delay, and the respondent, Mangal Manohar Parmale, expressed no objection to its admission. The court considered whether procedural delay warranted rejection of the application. Relying on the respondent's consent and the need to ensure proper representation of the heirs, the court allowed the interim application. It ordered that the necessary amendment be effected within two weeks of the order.

Issues considered

Whether an interim application filed after a delay can be allowed to record legal heirs of deceased parties in a civil appeal

Subjects

legal heirs
interim application
procedural delay
civil appellate jurisdiction
amendment

Judgment

                                                       36--IA-1443-26.docx


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

              INTERIM APPLICATION NO. 1443 OF 2026
                               IN
                 SECOND APPEAL NO. 227 OF 2002

Ananda Mahadu Parmale Decs Thr Lrs           … Applicant
         V/s.
Mangal Manohar Parmale                       … Respondent

Adv. Manasi Patil i/b Adv. Nikhil Pawar, for the appellant.
Adv. Somnath Thengal, for the respondent.
                             CORAM      : RAJESH S. PATIL, J.


                             DATED      : SEPTEMBER 24, 2026
P.C.:
              INTERIM APPLICATION NO. 1443 OF 2026
1.      This Interim Application has been filed to bring on record

the legal heirs of the deceased appellant No.1-A and deceased

appellant No.2. There is some delay in filing this application.


2.      The learned counsel appearing for the respondent has

fairly stated that he has no objection if this Interim Application

is allowed.


3.      In view of the statement made by the learned counsel

appearing for the respondent, the Interim Application stands

allowed in terms of prayer clauses (a), (b) and (c).



                                1/2
rushi
                                               36--IA-1443-26.docx


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

weeks from today.

                                       (RAJESH S. PATIL, J.)




                             2/2
rushi

Continue reading with your account

Checking your session…