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Bombay High Court

SHRIPATI GANU PAWAR DECEASED BY LRS AND ORSversusBHAU BABU ASWALE DECEASED BY LRS AND ORS

Disposal
Allowed

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


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