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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