Bombay High Court

DEVAPPA D. VHORE(DECD. THR. ADOPT SON) TANAJI N. VHORE MINOR THR. GUARDIAN BALASAHEB T. BANDGARversusGUNDA SHIVRAM KUKADE(SINCE DECD.THR.LRS) SAKHUBAI GUNDA KUKADE AND ORS

Disposal: Allowed

Holding

The court allowed the interim application to bring the legal heirs of the appellant on record.

Summary

The appellant in the second appeal died during the COVID‑19 pandemic, prompting the need to record his legal heirs on the court file. An interim application was filed to bring the heirs of the appellant on record, asserting that it was filed within the permissible time despite the pandemic circumstances. Counsel for the applicant, Mr. Dheeraj Patil appearing on behalf of Mr. Rushikesh Kale, argued that the application satisfied procedural requirements. The bench, after reviewing the contents of the application and hearing counsel, was convinced that the application warranted relief. Accordingly, the court allowed the interim application in accordance with the prayer clauses. The matter was adjourned to 24 September 2026, and the earlier interim relief was extended for an additional four weeks.

Subjects

interim application
legal heirs
civil procedure
pandemic

Judgment

                                                          15-IA-30402-2022 (C).docx


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIRCUIT BENCH AT KOLHAPUR
                           CIVIL APPELLATE JURISDICTION
                    INTERIM APPLICATION NO. 30402 OF 2022
                                         IN
                      SECOND APPEALST NO. 13452 OF 2019
        Devappa D. Vhore
        (decd. Thr. Adopt Son) Tanaji N.
        Vhore Minor Thr. Guardian
         Balasaheb T. Bandgar                             ...Applicant
                     VERSUS
        Gunda Shivram Kukade
        (since Decd.thr.lrs) Sakhubai
        Gunda Kukade And Ors                          ...Respondents

                                        ___________
        Mr. Dheeraj Patil i/b. Mr. Rushikesh Kale, Advocate for the
        Applicant.
                                       ___________

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

        1.        This interim application is filed to bring on record the legal

        heirs of appellant on record.

        2.        The interim application has been filed in time since the

        interim application is filed during the pandemic and the original

        appellant died also during the pandemic.

        3.        Having heard counsel for the appellant and after going

        through the contents of the interim application, I am convinced this

        interim application needs to be allowed.

        4.        Interim application stands allowed in terms of prayer clauses


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                                                       15-IA-30402-2022 (C).docx


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

                       SECOND APPEALST NO. 13452 OF 2019

        5.    Stand over to 24 September 2026.


        6.    Interim relief granted earlier to continue for a period of four

        weeks.



                                                   [RAJESH S. PATIL, J.]




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