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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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