Bombay High Court
RAMKRISHNA SINGH DECEASED THR LRS PARAMHANS RAMKRISHNA SINGHversusUMRAIDEVI WD/O PARASRAM SINGH AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The interim application is disposed of as withdrawn with liberty to re‑file in proper form.
Summary
The applicant filed an interim application in a first appeal but the court noted that the application was not in the proper form because the proposed respondent was only listed in the schedule of amendment and not formally arrayed. The applicant's counsel sought leave to withdraw the interim application and to file a fresh one. The court also recorded a grievance from the respondent corporation that it had not been served with the proceedings. The applicant's counsel undertook to serve the respondent. The court disposed of the interim application as withdrawn, granting liberty to re‑file the application in proper form.
Issues considered
- Whether the interim application was filed in the proper form as required by procedural rules
- Whether the respondent was duly served with the interim application
- Whether the applicant is entitled to withdraw the interim application and re‑file a fresh one
Subjects
- interim application
- procedural compliance
- service of notice
- withdrawal
- re‑filing
Judgment
Digitally 35.359.16-fa.docx
signed by
BASAVRAJ
BASAVRAJ GURAPPA
GURAPPA PATIL
PATIL Date: IN THE HIGH COURT OF JUDICATURE AT BOMBAY
2026.07.28
11:51:15
+0530 CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.4778 OF 2026
IN
FIRST APPEAL NO.359 OF 2016
Ramkrishna Singh (Deceased) .. Applicant
Through : Paramhans Ramkrishna Singh
In the matter between:
Ramkrishna Singh s/o. Parasram Singh .. Appellant
Vs.
Smt. Umraidevi Parasram Singh & Ors. .. Respondents
...
Mr. Sandeep Bane a/w. Mr. Shubham Bane, Ms. Shefali Jadhav,
Ms. Mansi Shinde, Mr. Shirish Tiwari, Mr. Amit Singh and
Ms.Ananya Pandey for the Applicant
Mr. Dnyaneshwar Deshmukh for Respondent Nos.2, 3, 4A & 4B
Ms., Pallavi Khale i/b. Ms. Komal Punjabi for Respondent No.9
CORAM : ARIF S DOCTOR, J.
DATE : 27th JULY, 2026
P.C. :
When the matter was called out since it was pointed out that this Interim
Application was not filed in the proper form inasmuch as the proposed
Respondent has only been shown in the Schedule of amendment and has not
been arrayed as a proposed Respondent. The learned counsel for the Applicant
seeks leave to withdraw the present Interim Application with liberty to file
afresh.
2. The Interim Application is disposed of as withdrawn with liberty as
prayed for.
Basavraj Page | 1
35.359.16-fa.docx
3. The learned counsel for the Respondent-Corporation also raises a
grievance that the Respondent has not been served in the matter. The learned
counsel for the Applicant undertakes to do so.
4. Post the First Appeal on board on 24th August 2026.
[ARIF S DOCTOR, J.]
Basavraj Page | 2
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