Bombay High Court

VAIJAYANATA RAMCHANDRA KADAM (DECEASED)SOU.TARABAI TANAJI MORE AND ORSversusSHANKAR RAMCHANDRA KADAM (DECD.THR.LRS) SHRIMANTI TARABAI SHANKAR KADAM AND ORS

Disposal: Allowed

Holding

The court allowed each interim application to record the legal heirs of the deceased respondents, subject to a two‑week deadline for filing the amendment.

Summary

The Bombay High Court, Kolhapur Circuit Bench, heard several interim applications filed by the applicant, Vaijayanata Ramchandra Kadam (deceased) represented by Mr. Vaibhav Gaikwad, seeking to record the legal heirs of various deceased respondents in the pending second appeals. Counsel for the respondents, Mr. R. V. Bansode (through VC) and Mr. Sumit Dhanwade, expressed no objection to the applications. The court examined whether such procedural amendments could be permitted and found no impediment. Consequently, the court allowed each interim application in accordance with the prayer clauses and directed that the necessary amendments be filed within two weeks. Additionally, the court ordered the registry to issue a notice to the appellant, to be returned on 11 September 2026.

Issues considered

Whether an interim application may be allowed to bring on record the legal heirs of a deceased respondent in a civil appeal
Whether the court can impose a two‑week deadline for filing the amendment after allowing the interim application

Subjects

interim application
legal heirs
civil appellate jurisdiction
procedure
amendment deadline
notice

Judgment

                                                     16-IA-4393-2023 (C).docx


              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIRCUIT BENCH AT KOLHAPUR
                      CIVIL APPELLATE JURISDICTION

                     INTERIM APPLICATION NO. 4393 OF 2023
                                        IN
                         SECOND APPEAL NO. 108 OF 2021
        Vaijayanata Ramchandra Kadam
        (deceased) Sou. Tarabai Tanaji More                 ...Applicant
                      VERSUS
        Pralhad Anna Kadam(deceased)
         Bhimrao Pralhad Kadam And Ors                  ...Respondents
                                       WITH
                       INTERIM APPLICATION NO. 63 OF 2021
                                        IN
                         SECOND APPEAL NO. 108 OF 2021
        Vaijayanata Ramchandra Kadam
        (deceased) Sou. Tarabai Tanaji More                 ...Applicant
                      VERSUS
        Pralhad Anna Kadam(deceased)
         Bhimrao Pralhad Kadam And Ors                  ...Respondents
                                       WITH
                     INTERIM APPLICATION NO. 4394 OF 2023
                                        IN
                         SECOND APPEAL NO. 108 OF 2021
        Vaijayanata Ramchandra Kadam
        (deceased) Sou. Tarabai Tanaji More                 ...Applicant
                      VERSUS
        Pralhad Anna Kadam (deceased) Bhimrao
        Pralhad Kadam And Ors                           ...Respondents
                                       WITH
                     INTERIM APPLICATION NO. 4400 OF 2023
                                        IN
                         SECOND APPEAL NO. 109 OF 2021
        Vaijayanata Ramchandra Kadam
         (deceased)sou.tarabai Tanaji More And Ors         ...Applicants
                      VERSUS
        Shankar Ramchandra Kadam
        (deceased Thr.lrs) Shrimati
        Tarabai Shankar Kadam And Ors                   ...Respondents
                                       WITH
                     INTERIM APPLICATION NO. 4401 OF 2023
                                        IN


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                                                             16-IA-4393-2023 (C).docx


                         SECOND APPEAL NO. 109 OF 2021
        Vaijayanata Ramchandra Kadam
        (deceased)sou.tarabai Tanaji More And Ors           ...Applicants
                      VERSUS
        Shankar Ramchandra Kadam
        (decd.thr.lrs) Shrimanti
        Tarabai Shankar Kadam And Ors                    ...Respondents
                                   ___________
        Mr. Vaibhav Gaikwad, Advocate for the Applicant.
        Mr. R. V. Bansode (Through VC), a/w. Mr. Sumit Dhanwade,
        Advocate for the respondent nos. 1 to 7 & 10.
                                    ___________

                                           CORAM : RAJESH S. PATIL, J.
                                           DATE : 28 AUGUST 2026
        P. C. :

                        INTERIM APPLICATION NO. 4393 OF 2023

        1.        This interim application is filed to bring on record legal heirs

        of deceased respondent No. 6(a).

        2.        Mr. Bansode, learned counsel for the respondent nos. 1 to 7

        and 10 fairly submits that he has no objection if this interim

        application is allowed.

        3.        Interim application stands allowed in terms of prayer clauses

        (a) and (b).

        4.        Amendment to be carried within a period of two weeks from

        today.

                        INTERIM APPLICATION NO. 4394 OF 2023




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        5.       This application is for bringing on record the legal heirs of

        deceased respondent No. 2.

        6.       Mr. Bansode, learned counsel for the respondent nos. 1 to 7

        and 10 fairly submits that he has no objection if this interim

        application is allowed.

        7.       Interim Application stand allowed in terms of prayer clauses

        (a) and (b).

        8.       Amendment to be carried within a period of two weeks from

        today.

                       INTERIM APPLICATION NO. 4400 OF 2023

        9.       This application is to bring on record the legal heirs of

        respondent No. 6.

        10.      Mr. Bansode, learned counsel for the respondent nos. 1 to 7

        and 10 fairly submits that he has no objection if this interim

        application is allowed.

        11.      Interim Application stand allowed in terms of prayer clauses

        (a) and (b).

        12.      Amendment to be carried within two weeks.

                       INTERIM APPLICATION NO. 4401 OF 2023

        13.      This interim application is filed to bring on record legal heirs


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                                                      16-IA-4393-2023 (C).docx


        of deceased respondent No. 3.

        14.   Mr. Bansode, learned counsel for the respondent nos. 1 to 7

        and 10 fairly submits that he has no objection if this interim

        application is allowed.

        15.   Interim Application stand allowed in terms of prayer clauses

        (a) and (b).

        16.   Amendment to be carried within two weeks.

                       INTERIM APPLICATION NO. 4392 OF 2023

        17.   Registry to issue notice to the appellant, returnable on 11

        September 2026.


                                                  [RAJESH S. PATIL, J.]




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