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Bombay High Court

GULABRAO RAMCHANDRA THAKUR (SINCE DECEASED THR LRS 1.1 PUSPALATA GULABRAO THAKUR) AND ORSversusTHE STATE OF MAHARASHTRA

Decided
Disposal
Disposed Off

Holding

The court allowed the interim application, permitting the heirs and legal representatives of Appellant No.1 to be brought on record.

Summary

The applicants, represented by Ms. Deepa S. Punde and Mr. Sachin S. Punde, filed an interim application in the High Court of Bombay seeking to bring the heirs and legal representatives of Appellant No.1 on record in First Appeal No. 797 of 2026. The respondent State of Maharashtra was represented by Mr. A.R. Patil. The court examined whether procedural rules permitted the addition of such parties at the interim stage. Relying on the provisions governing amendment of pleadings and the need for complete representation of parties, the bench held that the application was maintainable. Accordingly, the interim application was allowed in terms of prayer clauses (a) to (c). The court directed that necessary amendments be effected within four weeks from the date of the order.

Issues considered

  • Whether the heirs and legal representatives of Appellant No.1 can be brought on record in the pending appeal at the interim stage

Subjects

  • interim application
  • amendment of pleadings
  • heirs and legal representatives
  • civil appellate jurisdiction
  • procedural law

Judgment

                                                                    6-ia6344-2026 in fa797-2026.doc


                   AGK
                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                 INTERIM APPLICATION NO.6344 OF 2026
                                                  IN
                                     FIRST APPEAL NO. 797 OF 2026

                   Gulabrao Ramchandra Thakur, since
                   deceased through LRs Pushpalata
                   Gulabrao Thakur & Others                     … Applicants
                              V/s.
                   The State of Maharashtra                     … Respondent



                   Ms. Deepa S. Punde i/by Mr. Sachin S. Punde for the
                   applicants/appellants.
ATUL               Mr. A.R. Patil, Additional G.P. for the respondent/State.
GANESH
KULKARNI
Digitally signed
by ATUL GANESH
KULKARNI
Date: 2026.08.18
                                                CORAM     : AMIT BORKAR, J.
15:39:16 +0530


                                                DATED     : AUGUST 18, 2026
                   P.C.:

                   1.      By this interim application, the applicants seeks to bring on
                   record heirs and legal representatives of Appellant No.1 on record.

                   2.      For the reasons set out therein, the interim application is
                   allowed in terms of prayer clauses (a) to (c).

                   3.      Necessary amendments to be carried out within four weeks
                   from today.


                                                                 (AMIT BORKAR, J.)




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