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Bombay High Court

RAMDAS NANA PAGAR AND ORS.versusMURALIDHAR NARAYAN PAGAR

Decided
Disposal
Disposed Off

Holding

The court condoned the delay and allowed the amendment to include the proposed legal heirs as respondents.

Summary

The petitioners filed an interim application to include the legal heirs of the deceased sole respondent, Sou Houshabai Trimbak Shirsat, after a delay of over eight years. The court noted that the death certificate and details of the heirs had been recently communicated following an order dated 07.07.2026. The petitioners also sought to add the heirs of a deceased legal heir, Prakash Tryambak Shirsat, as respondents 5a to 5c. The court found sufficient cause for the delay, condoned it, and permitted the petitioners to amend the pleadings to include the proposed respondents within two weeks. The counsel for the deceased respondent was directed to file vakalatnamas for the new heirs within the same period. The interim application was allowed and disposed of accordingly.

Issues considered

  • Whether the delay of 8 years and 135 days in filing the application to add legal heirs can be condoned.
  • Whether the petitioners may amend the petition to include additional respondents representing the legal heirs of the deceased.

Subjects

  • legal heirs
  • condonation of delay
  • amendment of parties
  • interim application
  • civil procedure

Judgment

                                                                          16.as.ia.5545.2026.doc

       Digitally
       signed by
       VINA
VINA   ARVIND
ARVIND KHADPE                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KHADPE Date:
       2026.09.03
       10:38:10
                                       CIVIL APPELLATE JURISDICTION
       +0530


                                    INTERIM APPLICATION NO.5545 OF 2026
                                                     IN
                                       WRIT PETITION NO.3762 OF 2003

                    Ramdas Nana Pagar and ors.                    … Applicants

                    In the matter between
                    Ramdas Nana Pagar and ors.                    … Petitioners
                           Versus
                    Muralidhar Narayan Pagar
                    since deceased thr. Lrs.
                    Sou. Housabai Trimbak Shirsat                 … Respondent

                                                    ***
                    Ms. Neha M. Zanje h/f. Mr. Suresh M. Sabrad for Applicants.

                    Ms. Gunjan Shah i/b. Mr. P. B. Shah for Respondent No.1.
                                                     ***

                                                           CORAM : M.M. SATHAYE, J.
                                                           DATE    : 02 SEPTEMBER, 2026
                    P.C. :

                    1.       Heard the learned counsel for the parties.

                    2.       This Application is filed for bringing legal heirs of deceased
                    sole Respondent - Sou Houshabai Trimbak Shirsat. A copy of her
                    death certificate is placed on record. There is delay of 8 years and
                    135 days in filing the present Application.

                    3.       Learned Counsel for the Applicants pointed out that pursuant
                    to the order of this Court dated 07.07.2026, the learned Counsel for
                    the deceased Respondent had informed about death and has supplied


                    Vina Khadpe                             1
                                                    16.as.ia.5545.2026.doc




the necessary details on 09.07.2026 and thereafter the present
Application is immediately filed. It is further pointed out that one of
the legal heirs of deceased Houshabai viz. Prakash Tryambak Shirsat
has also expired and therefore his legal heirs are also included as
Respondent Nos.5a to 5c.

4.     Learned Counsel for the deceased Sole Respondent states that
she has instructions to appear for the proposed legal heirs.

5.     Considering the averments made in the Application and since
the death as well as necessary details of legal heirs are informed to
the Petitioners recently, sufficient cause is made out. Delay in filing
the Application is condoned. The Applicants are permitted to bring
the proposed Respondent Nos. 1 to 5c on record. Amendment to be
carried out within a period of two weeks from today.

6.     Learned Counsel for the deceased Respondent is at liberty to
file vakalatnama for the proposed legal heirs, within a period of two
weeks, after the amendment is carried out.

7.     Interim Application is allowed and disposed of in above terms.




                                              (M.M. SATHAYE, J.)




Vina Khadpe                           2


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