Bombay High Court
BHARAT NAGNATH MALI AND ORSversusSHRIPATI @ SHRIRANG VITTAL DANDEL AND ORS SINCE DECEASED THROUGH HIS LEGAL HEIRS
- Decided
- Disposal
- Disposed Off
Holding
The Court allowed the addition of the legal heirs of Respondent Nos.5 and 8 and ordered the deletion of deceased respondents whose heirs are already on record.
Summary
The petitioners filed an interim application seeking to record the legal heirs of Respondent Nos.5 and 8 in Writ Petition No.6304 of 2018. The respondents did not oppose the application. The Court granted the prayer, ordering that the legal heirs be entered on the record and that the application be made absolute. The Court also noted that Respondent Nos.2‑C, 6‑C, 7E and 15 are deceased and, since their legal heirs are already on record, directed that those respondents be deleted from the petition. The Court gave a three‑week period for the necessary amendments and listed the petition for further hearing on 16 September 2026. The interim application was ultimately disposed.
Issues considered
- Whether the legal heirs of deceased respondents can be added to the record through an interim application
- Whether deceased respondents whose heirs are already on record can be deleted from the petition
Subjects
- interim application
- legal heirs
- deceased respondents
- deletion of parties
- writ petition
- civil appellate jurisdiction
- amendment
Judgment
026:BHC-AS:1
Megha 20_ia_6117_2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.6117 OF 2026
IN
WRIT PETITION NO.6304 OF 2018
WITH
WRIT PETITION NO.6304 OF 2018
Bharat Nagnath Mali and Ors. ...Applicants
In the matter between
Bharat Nagnath Mali and Ors. ...Petitioners
V/s.
Shripati @ Shrirang Vithal Dandel
since deceased through his legal heirs
1-A Dattatraya Shripati @ Shrirang
Dandel and Ors. ...Respondents
________________
Mr. Vedant Babar h/f Mr. Rahul Kadam for the Respondents.
Mr. Ganesh Pawar i/b. Mr. Bhalchandra S. Shinde for the Respondents.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 18 AUGUST 2026.
P.C.:
Interim Application No.6117 OF 2026:-
1) Interim Application is filed to bring on record legal heirs of
Respondent Nos.5 and 8.
Page No.1 of 2
18 August 2026
Megha 20_ia_6117_2026
2) The Application is fairly not opposed by the learned counsel
appearing for the Respondents. In that view of the matter the
Application is made absolute in terms of prayer clauses [A] and [A-1].
3) The Application is disposed of.
Writ Petition No.6304 of 2018:-
4) It is pointed out that Respondent Nos. 2-C, 6-C, 7E and 15 are
dead but their legal heirs are already on record. Leave is granted to
delete those Respondents. Necessary amendments to be carried out
within a period of three weeks.
5) List the Petition on 16 September 2026.
[SANDEEP V. MARNE, J.]
Signed by: Megha S. Parab
Page No.2 of 2
Designation: PA To Honourable Judge 18 August 2026
Date: 20/08/2026 11:17:45
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