Bombay High Court
SAMBHAJI VINAYAK JAGTAPversusSANTOSH SUBHASH KHANDAGALE
- Decided
- Disposal
- DISPOSED OFF
Holding
The amendment to record the additional legal heir is permissible and the interim application is allowed.
Summary
In a testamentary suit, the plaintiff filed an interim application to record the legal heirs of a deceased heir who had also passed away. The caveator/defendant opposed the application but did not file a reply affidavit. The court examined the formal amendment sought and found it appropriate. It allowed the amendment, directing that it be effected within two weeks. Consequently, the interim application was granted, enabling the additional heir to be recorded in the proceedings.
Issues considered
- Whether an amendment to bring on record the legal heirs of a deceased heir is permissible in an interim application
- Whether the lack of a reply affidavit by the opposing party affects the admissibility of the amendment
Subjects
- testamentary suit
- interim application
- amendment
- legal heirs
- probate
- procedural law
Judgment
1/2 6 IA-3259-2026.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
TESTAMENTARY AND INTESTATE JURISDICTION
INTERIM APPLICATION NO. 3259 OF 2026
IN
TESTAMENTARY SUIT NO. 38 OF 2019
IN
TESTAMENTARY PETITION NO. 1232 OF 2018
Sambhaji Vinayak Jagtap … Applicant/Plaintiff
Vs.
Santosh Subhash Khandagale & Others … Defendants
_______
Mr. Siddharth Joshi i/b Ms. Varsha Bhogle for Applicant/Plaintiff.
Mr. Sachin Pawar for Defendant Nos. 3 to 7.
_______
CORAM : ARIF S. DOCTOR, J.
DATE : 5TH OCTOBER, 2026.
P.C.
1. This Interim Application seeks to bring on record the legal heirs of one of
the legal heirs of the deceased, who has since passed away.
2. Learned counsel appearing on behalf of the Caveator/Defendant has
Digitally
opposed the Interim Application. He, however, does not wish to file reply
signed by
SAIRAJ
SAIRAJ SANJAY
SANJAY KARANDE
KARANDE Date:
2026.10.06 affidavit.
12:43:09
+0530
Sairaj
2/2 6 IA-3259-2026.DOC
3. Having heard learned counsels for the parties and having noted the formal
nature of the amendment, in my view, the same would have to be allowed and is
accordingly, allowed in terms of prayer clause (a).
4. Interim Application is allowed. Amendment to be carried out within a
period of two weeks from today.
(ARIF S. DOCTOR, J.)
Sairaj
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