Bombay High Court
HEMANT CHANDRAKANT TAWDE AND ANR.versusTHE STATE OF MAHARASHTRA AND 12 ORS. AND SHWETA P JADHAV AND 2 ORS (PROP.RESPS)
- Decided
- Disposal
- DISPOSED OFF
- Bench
- GAUTAM A ANKHAD
Holding
The amendment to bring on record the legal heirs of Respondent No.5 is allowed, with the delay condoned.
Summary
The petitioners filed an interim application to amend the writ petition by adding the legal heirs of Respondent No.5, who died on 27 December 2021. Respondent No.4, the Society, did not object to the amendment. The Court examined the delay in filing the amendment and, after condoning it, allowed the amendment as prayed for, directing the petitioners to file the revised petition within two weeks. The Court also granted Respondent No.4 liberty to file an additional affidavit with relevant facts and documents. The matter was listed for further hearing on 29 July 2026.
Issues considered
- Whether the amendment to include the legal heirs of a deceased respondent can be permitted despite the delay in filing the interim application?
- Whether Respondent No.4 should be allowed to file an additional affidavit to record further facts and documents?
Subjects
- interim application
- amendment
- legal heirs
- condonation of delay
- civil procedure
- affidavit
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO.1551 OF 2022
IN
WRIT PETITION NO.589 OF 2021
Hemant Chandrakant Tawde & Anr. .. Applicants-Petitioners
Vs.
The State of Maharashtra & Ors. .. Respondents
Ms. Arman Dalal with Mr. Sumit Raghani, Advocates for the Applicants-
Original Petitioners.
Mr. Himanshu Takke, AGP for Respondent Nos.1 to 3-State of Maharashtra.
Mr. Ashok Giri, Advocate for Respondent No.4.
CORAM : GAUTAM A. ANKHAD, J.
DATE : 25TH JUNE 2026
P.C. :
1. The present Interim Application has been filed to bring on record the
legal heirs of Respondent no.5 (Jayshree Vijay Parab) who passed away on 27 th
December 2021. The details of the legal heirs are mentioned at paragraph 4 of
the Interim Application. Mr. Giri, learned Counsel appearing for Respondent
no.4-Society submits that he has no objection to this amendment.
2. Having considered the record, the delay, if any, in taking out this Interim
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3-IA-1551-2022.doc Dixit
Application is condoned and the Interim Application is allowed in terms of
prayer clause (a). The Applicants-Petitioners shall carry out the amendment as
per the Schedule of Amendment annexed at page 12 of the Interim Application
within a period of two weeks. The amended Petition shall be served on the
Respondents thereafter.
3. Liberty is granted to Respondent no.4 to file an additional affidavit to
bring on record certain facts and relevant documents.
4. List the Petition on 29th July 2026.
[ GAUTAM A. ANKHAD, J. ]
Digitally
signed by
SNEHA 2/2
SNEHA ABHAY
ABHAY DIXIT 3-IA-1551-2022.doc Dixit
DIXIT Date:
2026.06.25
19:20:24
+0530
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