Bombay High Court

SHRI. BALKRISHNA NARAYAN CHURIversusSUDHAKAR KAMLAKAR MOGRE AND ANR

Decided: 31 August 2026
Disposal: Disposed Off

Holding

The court condoned the delay and allowed the amendment to bring the legal heirs on record.

Summary

In an interim application filed in Writ Petition No. 47 of 2014, the applicant sought leave to amend the petition to include a prayer for condonation of delay and to bring the legal heirs of the deceased sole petitioner and a deceased respondent on record. The court granted leave to amend and allowed the amendment to be filed on the same day. The applicant also waived service for the proposed respondent. The court found sufficient cause for the delay and consequently condoned it. It permitted the applicant to bring the legal heirs on record and set a two‑week deadline for completing the amendment. The application was disposed of in these terms.

Issues considered

Whether the delay in filing the amendment can be condoned
Whether the amendment to include legal heirs of the deceased petitioner and respondent is permissible
Whether service can be waived for the proposed respondent

Subjects

amendment of pleadings
delay condonation
legal heirs
writ petition
service waiver

Judgment

                                                                           30-WP-47-2014.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CIVIL APPELLATE JURISDICTION

                                      INTERIM APPLICATION NO. 5158 OF 2026
                                                       IN
                                          WRIT PETITION NO. 47 OF 2014

SNEHA              Prakash Balkrishna Churi                                     ...Applicant
NITIN
CHAVAN
Digitally signed
by SNEHA
                   IN THE MATTER BETWEEN
NITIN CHAVAN
                   Shri. Balkrishna Narayan Churi                               ...Petitioner
Date: 2026.08.31
18:31:43 +0530
                                   Versus
                   Sudhakar Kamlakar Mogre And Anr                              ...Respondents

                                                   ****
                   Ms. Gauri Phadake i/b Manish Kelkar for the Applicant.
                   Mr. Prashant More for Respondent No.1.
                   Ms. Aloka Nadkarni, AGP for Respondent No.2/AGP.
                                                   ****

                                                 CORAM :      M.M. SATHAYE, J.
                                                   DATE :     31st AUGUST, 2026

                   P.C. :


                   1.             Heard learned Counsel for the parties.
                   2.             At the outset, learned Counsel for the Applicants seeks leave
                   to amend for adding prayer of delay condonation. Leave is granted.
                   Such amendment to be carried out during the course of the day.
                   3.             This is an application making composite prayer for bringing
                   legal heirs of deceased/sole Petitioner as well as deceased Respondent
                   No.1 on record. Proposed legal heirs are stated in the schedule of
                   amendment.
                   4.             Learned Counsel appears and waives service for proposed
                   Respondent No.1(a).
                   5.             Learned Counsel for the Applicant submitted that knowledge



                   Sneha Chavan                                                                1
                                                      30-WP-47-2014.doc



about death as well as necessary details of proposed Respondent
No.1(a) has been received recently on 16.06.2026. She invited the
Court’s attention to Paragraph No. 7 of the application in that regard.
6.             Considering the extent of delay and averments made in the
application, sufficient cause is made out, delay is condoned.
7.             Application is allowed. Applicants are permitted to bring
themselves on record as legal heirs of sole Petitioner and also permitted
to bring proposed Respondent No.1(a) on record. This amendment
regarding legal heirs to be carried out within a period of 2 weeks from
today.
8.             Application is disposed of in above terms.


                                             (M.M. SATHAYE, J.)




Sneha Chavan                                                              2

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