Bombay High Court
VINOD CHANDRAKANT PITALE DECEASED THR LRS 1.1 AASHISH VINOD PITALE AND ORS.versusTANAJI SHIVRAM KOTHAWALE AND ORS.
- Decided
- Disposal
- Disposed Off
- Bench
- FARHAN PARVEZ DUBASH
Holding
The court permitted substitution of the deceased parties with their heirs and condoned the delay in filing the applications.
Summary
The appellants sought to delete a deceased appellant from the first appeal and substitute his heirs, while the respondents filed a civil application to delete a deceased respondent and implead his heirs. Both applications were filed after considerable delay, prompting the court to consider condonation of the delay. The court was satisfied with the reasons for the delay and allowed the substitution of the deceased parties with their legal representatives. It ordered that the amended appeal be filed by 24 April 2026 and served on all parties by 30 April 2026. No costs were awarded, and the matter was left to proceed on the amended pleadings.
Issues considered
- Whether the court may condone the delay in filing the interim and civil applications for substitution of deceased parties
- Whether the deceased parties may be deleted and their heirs or legal representatives be impleaded in place of them
Subjects
- substitution of parties
- death of party
- amendment of pleadings
- condonation of delay
- civil appeal
- interim application
Judgment
903.IA/3017/2026
Vinod Vs. Tanaji
AMOL
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
PREMNATH CIVIL APPELLATE JURISDICTION
JADHAV
Digitally signed by
AMOL PREMNATH
JADHAV
Date: 2026.04.21
INTERIM APPLICATION NO. 3017 OF 2026
20:51:54 +0530
IN
FIRST APPEAL NO. 1101 OF 2008
Aashish Vinod Pitale & Ors. .. Applicants
In the matter between
Vinod Chandrakant Pitale (Deceased) thr. LRs.
1.1 Aashish Vinod Pitale & Ors. .. Appellants
V/s.
Tanaji Shivram Kothawale & Ors. .. Respondents
_______________________________________
Ms. Nehaa Shah for Applicants.
Mr. Mukesh Subramaniam a/w. Ms. Vritika Valecha for Respondent nos. 1 to
3.
_______________________________________
CORAM : FARHAN P. DUBASH, J.
DATE : 18th APRIL 2026
P. C.:
INTERIM APPLICATION NO. 3017 OF 2026
1. The present Interim Application seeks deletion of Appellant no.
1 from the array of parties and to bring his heirs and legal representatives on
record. Appellant no. 1 is stated to have passed away on 10 th February 2025,
leaving behind him proposed Appellant nos. 1A, 1B and 1C, as per the details
more particularly set out in paragraph 7 of the present Interim Application.
2. This Court is satisfied with the reasons set out for condoning the
delay in filing the present Interim Application and accordingly the same is
Page 1 of 3
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Order dated 18th April 2026
903.IA/3017/2026
Vinod Vs. Tanaji
allowed in terms of the following order :
:: ORDER ::
(i) The delay in filing the present Interim
Application is hereby condoned.
(ii) The Applicants are permitted to implead
themselves in place of deceased Appellant no.1. This
amendment shall be carried out, on or before 24th April
2026. Reverification is dispensed with.
(iii) A copy of the amended Appeal shall thereafter
be served on all the parties before 30th April 2026.
(iv) The present Interim Application is disposed of
in terms of the above order with no order as to costs.
CIVIL APPLICATION NO. 4861 OF 2008
3. Despite Civil Application no. 4861 of 2008 being filed on 15 th
September 2008, the same appears to have remained unnoticed on the
record of this Court. This Civil Application seeks deletion of Respondent no.
1 who is stated to have passed away on 3 rd December 2007 and impleadment
of his heirs and legal representatives in his place and stead.
4. Mr. Mukesh Subramaniam, learned Counsel who appears on
behalf of the Respondents consents to this Civil Application being allowed
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Order dated 18th April 2026
903.IA/3017/2026
Vinod Vs. Tanaji
and accordingly, the present Civil Application is allowed in terms of the
prayer clauses ‘a’ and ‘b’. Such amendment shall be carried out, on or before
24th April 2026. A copy of the amended First Appeal shall be served on all the
parties including the newly added parties, on or before 30th April 2026.
5. The present Civil Application is disposed of in terms of the above
order with no order as to costs.
FIRST APPEAL NO. 1101 of 2008
6. Mr. Mukesh Subramaniam, states that Respondent no. 4 – Mr.
Arun Yashwant Tamhane has passed away, which fact has already been
recorded in an order dated 14th March 2018. Despite this, no steps have been
taken by the Appellants pursuant thereto.
7. Ms. Nehaa Shah, learned Counsel who appears on behalf of the
Appellant states that her client will forthwith take the necessary steps and
move the matter accordingly.
( FARHAN P. DUBASH, J. )
Ajay Jadhav
Page 3 of 3
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Order dated 18th April 2026
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