Bombay High Court

BHARAT GURUNATH MANTRI AND ORSversusTHE STATE OF MAHARASHTRA THR THE PRINCIPAL SECRETARY AND ORS

Decided: 24 August 2026
Disposal: Disposed Off

Holding

The Court allowed the amendment and ordered the deletion of the deceased respondent.

Summary

The petitioners filed a writ petition against the State of Maharashtra and others. They subsequently moved an interim application seeking to amend the petition by deleting Respondent No.7, Pratap Dattatray Mantri, on the ground that he had died. A death certificate dated 9 February 2026 was annexed to the application. The Court examined the evidence and held that a deceased person cannot continue as a respondent. Accordingly, the interim application was allowed, directing the petitioners to delete the deceased respondent and to make the necessary amendment within two weeks. The application was then disposed.

Issues considered

Whether a petition may be amended to delete a respondent who has died

Subjects

amendment of pleadings
death of party
interim application
civil procedure
High Court of Bombay

Judgment

                                                                          17 IA-4693-26.DOC

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                 INTERIM APPLICATION NO. 4693 OF 2026
                                                  IN
                                    WRIT PETITION NO. 6772 OF 2025

                   Bharat Gurunath Mantri & ors.                       ..Applicants/
                                                                          Petitioners
                           Versus

                   The State of Maharashtra & ors.                    …Respondents


                   Mr. Dushant Krishnan i/b Ms. Rachana Harpale, for the
                        Applicants/Petitioners.

                   Mr. Kartik Gupta i/b Nankani & Asso., for Respondent No.3.

                   Ms. S A Prabhune, AGP for Respondent – State.
SAINATH
SANJAY
BODKHE

                                              CORAM :       N. J. JAMADAR, J.
Digitally signed
by SAINATH
SANJAY BODKHE
Date: 2026.08.25
12:57:51 +0530


                                              DATE    :     24th August 2026

                   P.C.:

                   1.      Heard the learned Counsel for the applicant.

                   2.      This is an application seeking amendment in the petition

                   so as to delete the Respondent No.7 – Pratap Dattatray Mantri

                   from the array of the respondents, as the Respondent No.7 -

                   Pratap Dattatray Mantri has passed away.

                   3.      A copy of the death certificate is annexed to the

                   application at Exh. B.




                   SAINATH, PA                        1/2
                                                    17 IA-4693-26.DOC

4.     It certifies that, Pratap Dattatray Mantri (R-7) has passed

away on 09th February, 2026.

5.     Thus, the Interim Application stands allowed in terms of

prayer clauses (a) and (b).

6.     Necessary amendment be carried out within a period of

two weeks.

7.     The Interim Application, thus, stands disposed.



                                        [N. J. JAMADAR, J.]




SAINATH, PA                       2/2

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