Bombay High Court

NANDAKISHOR HARISHCHANDR NALAWADEversusHARISHCHANDRA TUKARAM NALAWADE AND ORS

Disposal: Allowed

Holding

The court allowed the interim application to record the legal heirs despite the delay.

Summary

The applicant filed an interim application in a second appeal seeking to record the legal heirs of deceased respondent No. 4. The application was filed 16 days after the alleged deadline and was opposed by the respondents. The court examined the contents of the application and, despite the delay, found a sufficient case to permit it. The judge allowed the interim application in accordance with prayer clauses (a), (b) and (c). The court directed that any amendment to the application be filed within two weeks of the order.

Issues considered

Whether an interim application filed 16 days after the prescribed time can be entertained to record legal heirs of a deceased party
Whether the court may allow amendment of the interim application within a specified period

Subjects

interim application
legal heirs
procedural delay
amendment
civil appellate jurisdiction
High Court

Judgment

                                                          13-IA-16927-2022 (C).docx


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIRCUIT BENCH AT KOLHAPUR

                             CIVIL APPELLATE JURISDICTION

                       INTERIM APPLICATION NO. 16927 OF 2022
                                        IN
                           SECOND APPEAL NO. 799 OF 2019

        Nandakishor Harishchandr Nalawade                           ...Applicant
                    VERSUS
        Harishchandra Tukaram Nalawade And Ors                  ...Respondents

                                         WITH
                          CIVIL APPLICATION NO. 1610 OF 2019
                                          IN
                            SECOND APPEAL NO. 799 OF 2019

        Nandkishor Harischandra Nalawade                     ...Applicant
                     VERSUS
        Harischandra Tukaram Nalawade And Ors            ...Respondents
                                  ___________
        Mr. Samarth Chavan i/b. Dhananjay Dnyaneshwar Rananaware,
        Advocate for Applicant
        Mr. Abhang Suryawanshi i/b. Mr. Nitin Gaware Patil, Advocate for
        respondents.
                                 ___________

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

        1.        This interim application has been filed to bring on record the

        legal heirs of deceased respondent No. 4. There is a delay of 16 days

        in filing the interim application.

        2.        Mr. Surywanshi, advocate for respondent, has opposed this

        application.



Rushi                                        1 of 2
                                                          13-IA-16927-2022 (C).docx


        3.       Heard counsel for both the sides and I have gone through the

        contents of the interim application. I am satisfied a case is made out

        to allow this interim application.

        4.       Interim application stands allowed in terms of prayer clauses

        (a), (b), and (c).


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

        today.



                                                      [RAJESH S. PATIL, J.]




Rushi                                        2 of 2

Continue reading with your account

Checking your session…