Bombay High Court
SHRIPATI GANU PAWAR DECEASED BY LRS AND ORSversusBHAU BABU ASWALE DECEASED BY LRS AND ORS
- Disposal
- Allowed
- Bench
- M M SATHAYE
Holding
The court held that, because the proposed legal heirs were already on record and the delay was technical, the amendment to delete and insert parties was permissible.
Summary
The applicants filed an interim application in a writ petition seeking to delete Respondent No. 15 and to substitute Respondents Nos. 9 to 13 as the legal heirs and representatives of the deceased Respondent No. 14. The court noted that the proposed heirs were already on record and that any delay in filing the amendment was merely technical. It examined whether the amendment could be permitted despite the lapse of time. The court concluded that the delay could be condoned and the amendment allowed. Consequently, the applicants were ordered to bring the new respondents on record and delete Respondent No. 15 within two weeks, at their own risk.
Issues considered
- Whether the court may permit amendment of the parties by deleting Respondent No. 15 and inserting Respondents Nos. 9‑13 as legal heirs of deceased Respondent No. 14.
- Whether the delay in filing the amendment is condonable under procedural law.
Subjects
- legal heirs
- amendment of parties
- condonation of delay
- civil procedure
- writ petition
- interim application
Judgment
36-IA-4627-2023.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
Digitally signed
by HARISH
INTERIM APPLICATION NO. 4627 OF 2023
VITHAL
HARISH
VITHAL
CHAUDHARI
CHAUDHARI
Date:
IN
2026.02.04
18:45:57
+0530 WRIT PETITION NO. 2395 OF 2010
Shripati Ganu Pawar
Since Deceased By Lrs
Manik Shripati Pawar And Ors ...Applicants
Versus
Bhau Babu Aswale
Since Deceased By Lrs
Ananda Bhau Pawar And Ors ...Respondents
***
Adv. Wasim N. Samlewale i/b Adv. Tejpal Ingale for the Applicants.
***
CORAM : M. M. SATHAYE, J.
DATE : 2nd FEBRUARY 2026.
P.C.
1. Heard learned Advocate for the Applicants.
2. This is an Application for deleting name of Respondent Nos. 14
and showing existing Respondent Nos. 9 to 13 as legal heirs and
representatives of deceased Respondent No. 14 and for deletion of the
name of Respondent No. 15.
3. Considering that the proposed legal heirs are already on record,
delay if any, is technical.
4. Considering the averments and prayer, the Application is
allowed. Delay, if any, is condoned. Applicants are permitted to bring
Respondent Nos. 9 to 13 on record as legal heirs and representatives of
Respondent No. 14.
5. The Applicants are also permitted to delete the name of
Respondent No. 15 at their risk.
6. Necessary amendment be carried out within a period of two
weeks from today.
[M. M. SATHAYE, J.]
Harish 1
Checking your session…