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Bombay High Court

PRAKASH RAGHUNATH SHENAIversusMR. M RAMCHANDRA RAJU

Decided
Disposal
Disposed Off

Holding

The court allowed the amendment of the cause title to bring Mr. Prakash Shenai, husband of the deceased, on record as the appellant.

Summary

In an interim application filed in First Appeal No. 397 of 2025, the appellant Prakash R. Shenai sought to amend the cause title because the original appellant, Ms. Prabha Shenai, died on 15 October 2025. The amendment proposed to substitute the deceased appellant’s husband, Mr. Prakash Shenai, as the party on record. The court examined the application and noted that there was no objection from the respondent. Relying on the provisions of the Civil Procedure Code that permit amendment of parties when a party dies, the judge permitted the change. The order directed that the amendment be effected within six weeks and the interim application was disposed of.

Issues considered

  • Whether the cause title of the appeal may be amended to substitute the deceased appellant’s husband as the appellant

Subjects

  • amendment of cause title
  • interim application
  • death of party
  • civil procedure
  • succession

Judgment

                                                                                 10-IA-1655-26.doc


                                                                                                 rsk
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                       INTERIM APPLICATION NO.1655 OF 2026
                                                       IN
                                           FIRST APPEAL NO.397 OF 2025

                        Prakash R. Shenai                                   ...Appellant
                        Vs
                        Mr. M. Ramchandra Raju                              ...Respondent

                              _____________________________________________________
                        Mr. Prakash R. Shenai Appellant-in-person.
                        Mr. Mohan Rao i/b Mr. D. S. Mishra for the Respondent.
                              _____________________________________________________

                                                        CORAM :      JITENDRA JAIN, J.
                                                        DATED :      04 MARCH 2026

                        P. C.:
                        1.     By this application, the applicant seeks amendment to the cause

                        title of the First Appeal since the original appellant Ms. Prabha Shenai

                        has expired on 15 October 2025.

                        2.    I have perused the application and there being no objection to the

                        amendment to the cause title by which Mr. Prakash Shenai, husband of

                        the deceased is sought to be brought on record.

           Digitally
           signed by
           RAJESHWARI
RAJESHWARI SUBODH
                        3.    Amendment to be carried out within 6 weeks from today in all
SUBODH     KARVE
KARVE      Date:
           2026.03.04
           17:20:02
           +0530        the copies of all the parties. Interim Application is disposed of.




                                                                         [ JITENDRA JAIN, J. ]




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