Bombay High Court
SMT. SINDHUBAI PRATAPRAO JAGTAP SINCE DECD. THR LRSversusSMT. LEELABAI BABURAO KONDE (DESHMUKH) AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The court held that delay in filing interim applications to bring legal heirs on record is condonable and such applications may be allowed with appropriate amendments.
Summary
The High Court considered several interim applications filed in Writ Petition No. 5068 of 2017 to bring the legal heirs of the deceased petitioner and respondents onto the record. The court condoned the delay in filing these applications, allowing them and directing that necessary amendments be made within three weeks. It noted that the heirs of Respondent No. 1 had already sought intervention, and therefore their application was also allowed. The application concerning the heir of Respondent No. 2A was similarly permitted, with the court emphasizing that the respondent was not the main contesting party. All the interim applications were disposed of after being made absolute, and the main petition was listed for admission on 9 September 2026.
Issues considered
- Whether delay in filing interim applications to record legal heirs can be condoned.
- Whether legal heirs of deceased parties may be added to the proceedings at a later stage.
- Whether the court can order amendments to the petition to reflect the inclusion of legal heirs.
Subjects
- legal heirs
- interim application
- condonation of delay
- amendment
- writ petition
- civil appellate jurisdiction
- High Court
Judgment
Vaishnavi 33-WP-5068-2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5068 OF 2017
Smt. Sindhubai Prataprao Jagtap ...Petitioner
V/s.
Smt. Leelabai Baburao Konde
(Deshmukh) and Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 3872 OF 2026
IN
WRIT PETITION NO. 5068 OF 2017
Anupama Amarsinh Deshmukh ...Applicant/Intervenor
In the matter between:
Smt. Sindhubai Prataprao Jagtap Ors. ...Petitioner
V/s.
Smt. Leelabai Baburao Konde
(Deshmukh) and Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 4741 OF 2026
IN
WRIT PETITION NO. 5068 OF 2017
Smt. Sindhubai Prataprao Jagtap Since
Deceased, through her legal heirs ...Applicants
In the matter between:
Smt. Sindhubai Prataprao jagtap ...Petitioner
V/s.
Page No.1 of 4
19 August 2026
Vaishnavi 33-WP-5068-2017
Smt. Leelabai Baburao Kon De
(Deshmukh) And Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 5638 OF 2026
IN
WRIT PETITION NO. 5068 OF 20217
Smt. Sindhubai Prataprao Jagtap Since
Deceased, through her legal heirs ...Applicants
In the matter between:
Smt. Sindhubai prataprao Jagtap ...Petitioner
V/s.
Smt. Leelabai Baburao Konde
(Deshmukh) And Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 5637 OF 2026
IN
WRIT PETITION NO. 5068 OF 2017
Smt. Sindhubai Prataprao Jagtap Since
Deceased, through her legal heirs ...Applicants
In the matter between:
Smt. Sindhubai Prataprao jagtap ...Petitioner
V/s.
Smt. Leelabai Baburao Konde
(Deshmukh) And Ors. ...Respondents
________________
Mr. Sandeep M. Phatak, for Petitioner.
Mr. Pradip Patil, for Intervenor/Applicant in IA 3872 of 2026.
________________
Page No.2 of 4
19 August 2026
Vaishnavi 33-WP-5068-2017
CORAM: SANDEEP V. MARNE, J.
DATED: 19 AUGUST 2026
P.C.:
Interim Application No. 4741 of 2026:
1) The Interim Application is filed to bring on record legal heirs of
the sole Petitioner, who has passed away during pendency of the
Petition. For the reasons indicted in the Application and for the purpose
of ensuring decision of the Petition on merits, I deem it appropriate to
condone the delay in filing the Application. Accordingly, delay is
condoned. The Interim Application is made absolute in terms of prayer
clause (A) and (B). Necessary amendments to be carried out with a period
of three weeks.
2) The Interim Application is disposed of.
Interim Application No. 5638 of 2026, Interim Application No. 3872 of
2026:
3) These applications are filed for bringing on record the legal heirs
of Respondent No. 1. It appears that legal heirs of Respondent No. 1 have
already filed an Application seeking intervention in the Petition. Thus,
there is eagerness on the part of legal heirs of Respondent No. 1 to come
on board for the purpose of defending the Petition. In that view of the
matter, the Interim Application No. 5638 of 2026 is made absolute in
terms of prayer clauses (A) and (B). Necessary amendments to be carried
out within a period of three weeks.
Page No.3 of 4
19 August 2026
Vaishnavi 33-WP-5068-2017
4) The Interim Application No. 5638 of 2026 is disposed of.
5) Since the Interim Application 5638 of 2026 is allowed, nothing
survives in the Interim Application 3872 of 2026 and the same is
accordingly disposed of.
Interim Application 5637 of 2026:
6) The Interim Application is filed to bring on record legal heirs of
Respondent No. 2A, who has passed away during pendency of the
Petition. With a view to ensure decision of the Petition on merits and
considering the fact that Respondent No. 2A is not the main contesting
Respondent, I deem it appropriate to complete the formality of bringing
on record legal heirs of deceased Respondent No. 2A by condoning the
delay. Accordingly, the Interim application is made absolutely in terms of
prayer clauses (A) and (B). Necessary amendments to be carried out
within a period of three weeks.
7) The Interim Application is disposed of.
Writ Petition No. 5068 of 2017:
8) List the Petition for admission on 9 September 2026.
[SANDEEP V. MARNE, J.]
Page No.4 of 4
19 August 2026
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