Bombay High Court

SUNIL PATILversusASSISTANT CHARITY COMMISSIONER (MUKKAWAR)

Decided: 27 August 2026
Disposal: DISPOSED OFF

Holding

A party who dies during the pendency of a petition may be deleted from the array of parties upon production of a death certificate, and further amendment to delete additional deceased parties may be allowed within a reasonable time.

Summary

The petitioners sought to delete Petitioners No. 3 and 5 from the array of parties after their deaths during the pendency of the writ petition. Death certificates were filed to substantiate the claim. The court held that a deceased party may be removed from the pleadings upon proof of death. The court also noted that another petitioner, No. 2, had died, and allowed the petitioners time to file a further application for his deletion. An amendment to delete the additional deceased petitioner was permitted within one week. The application was therefore allowed and disposed.

Issues considered

Whether a party who dies during the pendency of a civil petition can be deleted from the array of parties.
Whether the court may permit a further amendment to delete another deceased party within a stipulated time.

Subjects

interim application
deletion of parties
amendment of pleadings
death of parties
civil procedure

Judgment

                                                       3.IA.3878.2026.DOC




         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             ORDINARY ORIGINAL CIVIL JURISDICTION


              INTERIM APPLICATION NO. 3878 OF 2026
                               IN
                 WRIT PETITION NO. 3030 OF 2024

Sunil Patil & Ors.                                 ...Applicant
                                                   Orig. Petitioners.
      Versus
Assistant Charity Commissioner & Anr.              …Respondents.

Mr. I. A. Saiyed, For the Applicant.
Ms. Suvarna Joshi, for Respondent No. 2.
Ms. Anupama Pawar, AGP for the State.

                            CORAM:         N. J. JAMADAR, J.
                            DATE :         27th AUGUST 2026


P.C.:

1.      Heard the learned Counsel for the parties.

2.      This is an application to delete Petitioner Nos. 3 and 5 from

the array of parties. Petitioner Nos. 3 and 5 have passed away

during the pendency of this Petition.

3.      The application is supported by copies of the death

certificates of Petitioner Nos. 3 and 5.




Sufiyan Syed - PA                   1/2
                                                                          3.IA.3878.2026.DOC

                      4.      For the reasons assigned in the Application, the Petition

                      stands allowed in terms of Prayer Clauses (a)(1) and (2).

                      5.      The learned Counsel for the Respondent No. 2 on

                      instructions submits that the Petitioner No. 2 – Shafi Ibrahim Kazi

                      has also passed away.

                      6.      The learned Counsel for the Petitioner seeks time to take

                      instructions and file an appropriate application in that regard as

                      well.

                      7.      Necessary amendment be carried out within a period of one

                      week.

                      8.      Application disposed.



SUFIYAN
EHTESHAM                                                           [N. J. JAMADAR, J.]
SYED
Digitally signed by
SUFIYAN
EHTESHAM SYED
Date: 2026.08.28
15:51:47 +0530




                      Sufiyan Syed - PA                 2/2

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