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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