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Bombay High Court

SUKRI CHANGU BHASMAversusMAHADU DAMA VARGADA (DECEASED)

Decided
Disposal
Disposed Off

Holding

The legal heirs of the deceased respondent may be brought on record.

Summary

The petitioner filed an interim application to bring on record the legal heirs of Respondent No.1, who died during the pendency of the writ petition. The application was unopposed by the counsel appearing for the deceased respondent. The court allowed the application, permitting the legal heirs to be added as parties, with Mr. Raut to appear on their behalf. The court directed that the amendment be effected within six weeks. The interim application was subsequently disposed of.

Issues considered

  • Whether the legal heirs of a deceased respondent can be brought on record in a pending writ petition

Subjects

  • civil procedure
  • interim application
  • addition of parties
  • succession
  • high court

Judgment

  2026:BHC-AS:20680

                          Renuka                                                 17-IA-3193-2026


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CIVIL APPELLATE JURISDICTION
                                         INTERIM APPLICATION NO. 3193 OF 2026
                                                               IN
                                             WRIT PETITION NO. 13744 OF 2018
                          Sukri Changu Bhasma                              ...Applicant/Petitioner
                                            V/s.

                          Mahadu Dama Vargada (Deceased)                   ...Respondent
                                                       ________________
                          Ms. Deepa S. Punde i/b Mr. Sachin S. Punde for Petitioner/Applicant
                          Mr. Abdul Azim M. Hanif Shaikh a/w Mr. Satish S. Raut for Respondent
                          No. 1.
                                                       ________________
                                                               CORAM: SANDEEP V. MARNE, J.
                                                                  DATED: 30 APRIL 2026.
                          P.C.:


                          1)            The Interim Application is >led to bring on record legal
                          heirs of Respondent No. 1 who has passed away during the pendency of
                          the Petition. The Application is fairly not opposed by the learned counsel
                          who used to appear on behalf of the Respondent No. 1. For the reasons
                          indicated in the Application, the same is allowed. Legal heirs of
                          Respondent No. 1 are permitted to be brought on record. Mr. Raut,
                          submits that he shall appear on behalf of the legal heirs of Respondent
                          No. 1. Amendment to be carried out within six weeks.


                          2)           Interim Application is disposed of.


                                                                           [SANDEEP V. MARNE, J.]

Signed by: Renuka S Thakur
                                                          Page No.1 of 1
Designation: PA To Honourable Judge                       30 APRIL 2026
Date: 02/05/2026 10:48:00


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