Bombay High Court

SHAMRAO GANPATI KOLI SINCE DECEASED THROUGH LRSversusADINATH GANPATI KOLI

Disposal: Allowed

Holding

The court allowed the interim application to bring on record the legal heirs of appellant No.1(b) and ordered an amendment within two weeks.

Summary

The applicant filed an interim application in a second appeal seeking to have the legal heirs of appellant No.1(b) placed on record. The respondents opposed the application. After hearing both sides, the court found merit in the applicant's request and allowed the interim application in accordance with the specified prayer clauses. The court directed that the necessary amendment be filed within two weeks of the order. No substantive merits of the underlying appeal were decided, only the procedural relief was granted.

Issues considered

Whether the interim application to record the legal heirs of appellant No.1(b) should be allowed

Subjects

interim application
legal heirs
second appeal
civil procedure
amendment

Judgment

                                                          21-IA-15700-2024 (C).docx


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIRCUIT BENCH AT KOLHAPUR
                           CIVIL APPELLATE JURISDICTION
                   INTERIM APPLICATION NO. 15700 OF 2024
                                       IN
                       SECOND APPEAL NO. 793 OF 2019
        Shamrao Ganpati Koli
        Since Deceased Through Lrs                       ...Applicant
                    VERSUS
        Adinath Ganpati Koli                          ...Respondent
                                   ___________

        Mr. Umesh Hanmantrao Pawar, Advocate for Applicant

        Mr. Girish Mujumdar a/w. Ms. Sharvari Tiipugade i/b. Deepak Patil,
        Advocate for respondent nos. 3,4 & 5.
                                       ___________

                                          CORAM : RAJESH S. PATIL, J.
                                          DATE : 28 AUGUST 2026
        P. C. :


        1.        The application is filed to bring on record the legal heirs of

        appellant No. 1(b).


        2.        Learned Advocate for the respondents has strongly opposed

        this application.


        3.        I have heard the counsel for the parties and have gone

        through the contents of the interim application. I am satisfied a case

        is made out to allow the interim application.


        4.        Interim application stands allowed in terms of prayer clauses

        (a), (b), and (e).




Rushi                                        1 of 2
                                                       21-IA-15700-2024 (C).docx


        5.       Amendment to be carried within a period of two weeks from

        today.


                                                   [RAJESH S. PATIL, J.]




Rushi                                     2 of 2

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