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Bombay High Court

HARBHAJAN SINGH B. AJIMALversusJILEDAR SINGH PARASNATH SINGH

Decided
Disposal
Allowed

Holding

The Court held that the interim application to record the legal heirs is permissible and allowed.

Summary

Harbhajan Singh B. Ajimal filed an interim application in a writ petition seeking to record the legal heirs of the deceased respondent Jiledar Singh Parasnath Singh. The respondents, represented by Advocate D. Mishra, raised no objection to the filing of the application. The Court examined whether the amendment to include the heirs could be permitted at this stage. Relying on procedural rules governing interim applications, the Judge found no impediment to allowing the amendment. Consequently, the application was allowed in accordance with the prayer clauses. The Court directed that the amendment be effected within three weeks from the date of the order.

Issues considered

  • Whether an interim application may be entertained to record the legal heirs of a deceased respondent in a writ petition.

Subjects

  • interim application
  • legal heirs
  • amendment
  • civil appellate jurisdiction
  • writ petition
  • procedural law

Judgment

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          Digitally
          signed by
                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
          KANCHAN
KANCHAN   VINOD
VINOD     MAYEKAR
MAYEKAR   Date:
          2026.06.15
          19:32:11
          +0530
                                             CIVIL APPELLATE JURISDICTION

                                          INTERIM APPLICATION NO. 3122/2026
                                                         IN
                                             WRIT PETITION NO. 2950/2002

                       HARBHAJAN SINGH B. AJIMAL                            ….. APPLICANT

                                 VS

                       JILEDAR SINGH PARASNATH SINGH
                       (SINCE DECEASED) THR. L.Rs.
                       PADMADEVI WD/O. JILEDAR SINGH
                       (SINCE DECEASED) THR. L.Rs.
                       BHANU PRATAP SINGH
                       (SINCE DECEASED)                                     ….. RESPONDENTS

                       AND

                       SUDHA W/O. BHANUPRASAD & ORS.                        ….. RESPONDENTS

                       Mr. Harbhajan Singh B. Ajimal, Petitioner/Applicant present in person.

                       Adv. D. Mishra for the Respondents.
                                                          CORAM : RAJESH S. PATIL, J.

                                                          DATE     : 12 JUNE, 2026

                       P.C. :-

                       1)               This interim application is filed to bring on record the

                       legal heirs of the deceased respondent no.1(b).

                       2)               Learned advocate appearing for the respondents has no

                       objection if this interim application is allowed.

                       3)               In view of the same, the present interim application
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stands allowed in terms of prayer clauses (a) and (b).

4)          Amendment to be carried out within a period of three

weeks from today.

                                            [RAJESH S. PATIL, J.]


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