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Bombay High Court

AMBAJI KATHOD MHATRE (SINCE DECEASED ) THROUGH LRSversusPANDURANG RAGHO PATIL AND ORS

Decided
Disposal
Disposed Off

Holding

The Court allowed the interim applications to record the heirs and legal representatives and ordered the parties to amend the pleadings within two weeks.

Summary

The petitioners filed several interim applications seeking to bring on record the heirs and legal representatives of certain petitioners in Writ Petition No. 5966 of 2016. The Court examined the applications and, for the reasons stated therein, allowed all the interim applications in accordance with the prayer clauses. It directed that necessary amendments to the pleadings be made within two weeks of the order. The Court also ordered that the writ petition be listed for hearing on 7 September 2026. No substantive merits of the underlying dispute were addressed; the order dealt solely with procedural matters.

Issues considered

  • Whether the heirs and legal representatives of petitioners can be added to the record through interim applications
  • Whether the pleadings may be amended to reflect the addition of such parties

Subjects

  • interim application
  • amendment of pleadings
  • heirs
  • legal representatives
  • civil procedure

Judgment

                                                   34-WP-5966-2016.doc


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

                  WRIT PETITION NO. 5966 OF 2016
Ambaji Kathod Mhatre and Ors.             … Petitioners
          V/s.
Pandurang Ragho Patil And Ors.            … Respondents
                               WITH
             INTERIM APPLICATION (ST) NO. 14461 OF 2026
Dhanubai Maruti Bhoir Since Decd. Thr.
Lrs Namdeo Maruti Bhoir And Ors           … Applicants
          V/s.
Pandurang Ragho Patil And Ors.            … Respondents
                               WITH
             INTERIM APPLICATION (ST) NO. 17258 OF 2025
Anubai Vithu Gaikar Since Deceased
Thru. Lrs                            … Applicants
          V/s.
Ambaji Kathod Mhatre and Ors.        … Respondents
                           WITH
           INTERIM APPLICATION NO. 6381 OF 2026
Ambaji Kathod Mhatre                  … Applicants
          V/s.
Pandurang Ragho Patil And Ors.        … Respondents
                            WITH
        INTERIM APPLICATION (ST) NO. 13003 OF 2026
Hiru Kathod Mhatre Since Deceased
Thru. Lrs                                 … Applicants
          V/s.
Ambaji Kathod Mhatre and Ors.             … Respondents
                                IN
                  WRIT PETITION NO. 5966 OF 2016

Mr. Rajesh Sachani a/w Mr. Pritham Kunvare i/b Mr.
Devmani Shukla, for the Petitioners.
Mr. Mr. Jayesh Kalebere i/b Mr. Kaustubh Kandpile, for
the Respondent No. 1.


                                 1
                                                                               34-WP-5966-2016.doc


                        Mrs. P. J. Gavhane, AGP for the State-Respondent No.
                        3.


                                                     CORAM     : AMIT BORKAR, J.

                                                     DATED     : AUGUST 17, 2026
                        P.C.:

                        1.      The Petitioners have present interim application for bringing
                        on record heirs and legal representatives of Petitioner Nos. 1, 10,
                        11 and 13 on record.

                        2.      For the reasons stated therein, all the interim applications
                        are allowed in terms of prayer clauses (a) to (c).

                        3.      Necessary amendments shall be carried out within a period
                        of two weeks from today.

                        4.      List this Writ Petition on 7 September 2026.


                                                                      (AMIT BORKAR, J.)
           Digitally
           signed by
           VIVEKANAND
VIVEKANAND RAJENDRA
RAJENDRA   BONDE
BONDE      Date:
           2026.08.17
           18:11:09
           +0530




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