Bombay High Court

SUBHASH VISWANATH SONAWANEversusVISHWANATH DADA SONAWANE DECEASED

Decided: 8 April 2026
Disposal: Allowed
Bench: GAURI GODSE

Holding

The court allowed the interim application and ordered that the amendment be made within two weeks.

Summary

The applicants filed an interim application seeking to record the names of the heirs and legal representatives of deceased respondent No.6 in a second appeal. The court noted that respondents No.6(a) and 6(d) had been served but did not appear. The court allowed the interim application in accordance with the prayer clauses b and c, directing that the amendment be effected in Interim Application No. 1396 of 2017, which seeks condonation of delay in filing the second appeal. The amendment must be completed within two weeks. No substantive merits of the second appeal were decided.

Issues considered

What procedural steps are required to amend an interim application to include the names of heirs and legal representatives of a deceased party?
Whether the court can allow amendment of an interim application when the served respondents fail to appear.

Subjects

interim application
amendment
service of notice
condonation of delay
second appeal
heirs
legal representatives

Judgment

2026:BHC-AS:16861

                                                            25-IA-16302-2023.docx


                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION
                        INTERIM APPLICATION NO. 16302 OF 2023
   Swapnil
                                            IN
                          SECOND APPEAL (ST) NO. 32602 OF 2016


               Subhash Vishwanath Sonawane
               and Ors.                                …    Applicants
                    Vs.
               Vishwanath Dada Sonawane
               (Deceased) and Ors.                     …    Respondents


               Ms. Divya Parab i/b. Mr. Rameshwar N. Gite for the
               applicants.
               Mr. Girish Agrawal a/w. Ms. Chitra Darekar for respondent
               no.10.


                                     CORAM : GAURI GODSE, J.

                                     DATE :       8th APRIL 2026

               ORDER :


               1.    This application is for bringing on record the names of

               heirs and legal representatives of deceased respondent no.6

               As per office remark, respondent no. 6(a) and 6(d) are

               served. Though served, none appears.


               2.    The interim application is allowed in terms of prayer


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                                              25-IA-16302-2023.docx


clauses ‘b’ and ‘c’. Amendment shall be carried out in Interim

Application No. 1396 of 2017, which is filed for condonation

of delay in filing the second appeal. Amendment to be carried

out within two weeks.




                                         [GAURI GODSE, J.]




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