Bombay High Court
HEMANGI JAYARAM GOWDA AND ANRversusJAIRAM TIMMAYYA GOWDA
- Decided
- Disposal
- Disposed Off
Holding
The court may condone delay, permit amendment to include legal heirs, and allow withdrawal of an interim application with liberty to refile.
Summary
Jairam Timmayya Gowda filed a writ petition challenging the actions of Smt. Kamalabai D. Rajwadekar. The petitioner sought to bring his legal heirs on record through Interim Application No. 3379 of 2025, requesting condonation of delay and permission to amend the petition. The Court, after considering the application, allowed the amendment and condoned the delay, directing the petitioner to make necessary changes within three weeks. In a separate Interim Application No. 5771 of 2026, the applicants sought to withdraw that application and were granted liberty to file a fresh one. The Court disposed of the withdrawn application and listed the main petition for further hearing on 16 September 2026. No substantive merits of the writ petition were decided in this order.
Issues considered
- What procedural steps are required to amend a writ petition to include legal heirs?
- Whether the court can condone delay in filing an amendment application.
- Whether an interim application can be withdrawn and a fresh one filed.
Subjects
- interim application
- condonation of delay
- amendment of petition
- legal heirs
- civil procedure
- writ petition
Judgment
Vaishnavi 34-WP-5147-2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5147 OF 2017
Jairam Timmayya Gowda ...Petitioner
V/s.
Smt. Kamalabai D. Rajwadekar (Since
Decd.) Through Lrs. and Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 3379 OF 2025
IN
WRIT PETITION NO. 5147 OF 2017
Hemangi Jayaram Gowda and Anr. ...Applicants
In the matter between:
Jairam Timmayya Gowda ...Petitioner
V/s.
Smt. Kamalabai D. Rajwadekar (Since
Decd.) Through Lrs. and Ors. ...Respondents
WITH
INTERIM APPLICATION NO. 5771 OF 2026
IN
WRIT PETITION NO. 5147 OF 2017
Hemangi Jayaram Gowda and Anr. ...Applicants
In the matter between:
Jairam Timmaya Gowda ...Petitioner/Orig. Plaintiff
V/s.
Smt. Kamalabai D. Rajwadekar (Since
Decd.) Through Lrs. and Ors. ...Respondents
(Original Defendant)
________________
Page No.1 of 2
19 August 2026
Vaishnavi 34-WP-5147-2017
Mr. Rajesh Sahani i/b Mr. Devmani Shukla, for Petitioner.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 19 AUGUST 2026
P.C.:
Interim Application No. 3379 of 2025:
1) The application is filed for bringing on record the legal heirs of
deceased-Petitioner. For the purpose of ensuring decision of the Petition
on merits and in light of the averments in the application, I deem it
appropriate to allow the application by condoning the delay. Accordingly,
the Interim Application is allowed in terms of prayer clauses 17 (a), (b)
and (c). Necessary amendments shall be carried out within a period of
three weeks.
2) The interim Application is accordingly disposed of.
Interim Application No. 5771 of 2026:
3) The learned counsel appearing for the Applicants seeks leave to
withdraw Interim Application No. 5771 of 2026, with liberty to file a
fresh Interim Application seeking same prayers. Leave is granted.
4) The Interim Application is disposed of as withdrawn.
5) List the Petition for further consideration on 16 September 2026.
[SANDEEP V. MARNE, J.]
Page No.2 of 2
19 August 2026
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