Bombay High Court

ARJUN BALU JADHAV(SINCE DECD.THR.LRS) PUSHPA A. JADHAV(DECD. THR.LRS) SURESH ARJUN JADHAV AND ORSversusSUNITA KESHAV GHADASHE AND ANR

Disposal: Allowed

Holding

The Court held that the interim application to record the legal heirs of the deceased respondent should be allowed.

Summary

The applicants filed an interim application in a second appeal to have the legal heirs of deceased respondent No.2 recorded as parties. The respondents, through their counsel, raised no objection to the filing of the application. The learned Judge examined the content of the application and found it appropriate to allow it. Consequently, the civil application was allowed in accordance with prayer clauses (b) and (c). The Court directed that the amendment reflecting the inclusion of the heirs be filed within two weeks of the order.

Issues considered

Whether the legal heirs of a deceased respondent can be brought on record through an interim application

Subjects

interim application
legal heirs
succession
civil procedure
party impleader
court order

Judgment

                                                            9-IA-1751-2021 (C).docx


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIRCUIT BENCH AT KOLHAPUR
                           CIVIL APPELLATE JURISDICTION
                     INTERIM APPLICATION NO. 1751 OF 2021
                                         IN
                         SECOND APPEAL NO. 830 OF 2016
        Arjun Balu Jadhav(since Decd.thr.lrs) Pushpa A. Jadhav(decd.
        Thr.lrs) Suresh Arjun Jadhav And Ors                    ...Applicants
                      VERSUS
        Sunita Keshav Ghadashe And Anr                       ...Respondents
                                       WITH
                        CIVIL APPLICATION NO. 779 OF 2017
                                         IN
                         SECOND APPEAL NO. 830 OF 2016
        Arjun Balu Jadhav (deceased Thr. Lrs) And Ors           ...Applicants
                      VERSUS
        Sunita Keshav Ghadashe And Anr                       ...Respondents
                                    ___________
        Mr. Manoj A. Patil a/w. Ms. Ankita Mali, Advocate for the Applicant.

        Mr. Prathamesh Mandlik (Through VC), Advocate for the
        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. 2.

        2.        Mr. Prathamesh Mandlik learned counsel appearing on behalf

        of the respondents and submits that he has no objection if this

        interim application is allowed.

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

        through the contents of the interim application. I am convinced the



Rushi                                        1 of 2
                                                            9-IA-1751-2021 (C).docx


        application needs to be allowed.

        4.       Civil application stands allowed in terms of prayer clauses (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…