Bombay High Court
SHANKAR BAPU YEWALE AND ANR THROU. POA PRALHAD HAIBATTI GADADEversusMR. HARIBA AABA GADADE AND ORS
- Disposal
- Disposed Off
- Bench
- VRUSHALI V JOSHI
Holding
The Court held that it may permit the deletion of the deceased parties' names and allow amendment of the pleadings.
Summary
The Applicants, Shankar Bapu Yewale & Anr., filed an interim application seeking the deletion of the names of Petitioners No.1 and Respondent No.3 from the party list because those individuals had died. The Court considered whether it could permit such deletion and allow the parties to amend the pleadings accordingly. The Judge, Mrs. Vrushali V. Joshi, granted the permission to delete the deceased parties' names. The Court further directed that the amendment be effected within two weeks from the date of the order. Consequently, the interim application was disposed of.
Issues considered
- Whether the Court may order deletion of the names of deceased parties from the list of parties in the writ petition
Subjects
- interim application
- deletion of parties
- amendment of pleadings
- civil procedure
- death of parties
Judgment
18-ia-15-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.15 OF 2026
IN
WRIT PETITION NO.2375 OF 2012
Shankar Bapu Yewale & Anr. …..Applicants
In the Matter in Between :
Hariba Aaba Gadade & Ors. …..Petitioners
Vs.
Bhagwan Tamanna Chougule & Ors. …..Respondents
Mr. P. P. Pujari, for the Applicants.
Ms. Divya A. Pawar Patil with Mr. Trupti T. Padekar, for the
Respondent No.9.
Mr. A. R. Barad, h/f. Mr. Shivaji Masal, for the Respondent No.17.
CORAM : MRS. VRUSHALI V. JOSHI, J.
DATED : 27th MARCH 2026
P.C.:-
1. The counsel for Applicants/Petitioners seeks permission to
delete the names of the Petitioner No.1 and the Respondent No.3
from array of the parties, as they are died. Permission granted.
2. The Applicants/Petitioners to carry out amendment within a
period of two weeks from today.
3. The Application is accordingly disposed of.
(MRS. VRUSHALI V. JOSHI, J.)
Digitally
signed by
RAJU
RAJU
DATTATRAYA
Gaikwad RD 1/1
DATTATRAYA GAIKWAD
GAIKWAD Date:
2026.03.30
18:04:00
+0530
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