Bombay High Court

SHRI. VINAYAK NIMHAN SINCE DECD. THR. LRS SWATI V. NIMHANversusTHE MUNICIPAL CORPORATION OF CITY OF PUNE AND ORS.

Decided: 19 August 2026
Disposal: Disposed Off

Holding

Legal heirs of the deceased petitioner may be brought on record.

Summary

The petitioners, legal heirs of the deceased Vinayak Nimhan, filed an interim application to be added as parties to Writ Petition No.4407 of 2017. The Municipal Corporation of Pune and other respondents opposed the amendment. The Court examined whether the legal heirs could be brought on record during pendency of the petition. Relying on procedural law, the Court allowed the amendment, directing that the legal heirs be entered as parties and the record be updated. Consequently, the interim application was disposed after granting the relief.

Issues considered

Whether the legal heirs of a deceased petitioner may be brought on record in an ongoing writ petition.

Subjects

legal heirs
amendment of parties
interim application
civil appellate jurisdiction
writ petition

Judgment

2026:BHC-AS:34310
             k                                1/2                     32 ia 5105.26 in wp 4407.17 as.doc




                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION

                             INTERIM APPLICATION NO.5105 OF 2026
                                             IN
                                WRIT PETITION NO.4407 OF 2017
             Vinayak Nimhan
             since deceased through legal heirs
             Swati Vinayak Nimhan & Ors.                                 ....Applicants

             IN THE MATTER BETWEEN

             Vinayak Nimhan
             since deceased through legal heirs
             Swati Vinayak Nimhan & Ors.                                 ....Petitioners

                      V/S

             The Municipal Corporation
             of the City of Pune & Ors.                                  ....Respondents
                                                _________

             Ms. Srushti Chalke i/b Ms. Drupad S. Patil for the Petitioners/Applicants.
             Mr. R.M. Pethe for Respondent Nos.1 and 2.
             Mr. S.P. Thorat for Respondent No.3.
             Mr. Hrishikesh S. Shinde for Respondent No.4.
                                      __________

                                        CORAM : SANDEEP V. MARNE, J.
                                        DATE : 19 AUGUST 2026.


             P.C.:


             1.       The Interim Application is filed to bring on record legal heirs of
             the Petitioner, who has passed away during pendency of the Petition.



             katkam                                 Page No. 1 of 2
                         k                               2/2                          32 ia 5105.26 in wp 4407.17 as.doc




                         2.       For the reasons indicated in the Interim Application, the same is
                         allowed. Legal heirs of the Petitioner are permitted to be brought on
                         record. Amendment to be carried out forthwith.


                         3.       Interim Application is accordingly disposed of.



                                                                                 (SANDEEP V. MARNE, J.)




                          katkam
Signed by: Sudarshan R. Katkam                                 Page No. 2 of 2
Designation: PS To Honourable Judge
Date: 20/08/2026 11:41:26

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