Bombay High Court

JEEJABAI HARIBHU BANKHELE DECEASSED AND ORSversusBALWANT MAHADU BANKHELE DECEASSED THR LRS AND ORS

Decided: 17 January 2026
Disposal: Allowed
Bench: GAURI GODSE

Holding

The court allowed the interim application, ordered amendment within four weeks, and accepted the waiver of notice of admission.

Summary

The appellants sought an interim order to record the names of the heirs and legal representatives of deceased respondent No. 4 in a second appeal. The heirs, represented by counsel, raised no objection to the filing of the application. The court examined whether the application could be entertained and whether procedural formalities such as amendment and notice of admission could be relaxed. Finding no impediment, the court allowed the application, directing that the amendment of parties be effected within four weeks. The counsel for the heirs also waived the notice of admission of the second appeal.

Issues considered

Whether an interim application for recording the names of heirs and legal representatives may be entertained.
Whether the court may permit amendment of parties within a specified time frame.
Whether the notice of admission of a second appeal can be waived by the parties.

Subjects

interim application
amendment of parties
waiver of notice
civil appellate jurisdiction
heirs and legal representatives

Judgment

                                                                            52-ia-6421-2024.doc




                  varsha
                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                             CIVIL APPELLATE JURISDICTION
                                      INTERIM APPLICATION NO. 6421 OF 2024
                                                          WITH
                                     CROSS OBJECTION (ST) NO. 17462 OF 2007

VARSHA
                                                            IN
VIJAY
RAJGURU
Digitally signed by
VARSHA VIJAY
                                           SECOND APPEAL NO. 886 OF 2005
RAJGURU
Date: 2026.01.19
20:26:36 +0530




                            Jeejabai Haribhau Bankhele Deceased          … Applicants/Appellants
                            and Ors
                                     vs.
                            Balwant Mahadu Bankhele Deceased             … Respondents
                            through Lrs and Ors


                           Mr. Sandeep S. Patade for Appellants.
                           Mr. Hashwardhan Karnade i/b. Mr. Prashant Dhurandale for
                           Respondent No. 4- heirs.
                           Ms. Aditi S. Naikare for Respondent No.2.
                           Mr. Vikas Arsul a/w. Ms. Saili Mhoprekar for Respondent No. 1A and
                           1D, 3 B and 3F.
                                                         CORAM : GAURI GODSE, J.
                                                          DATED : 17th JANUARY 2026


                           ORDER:

                           INTERIM APPLICATION NO. 6421 OF 2024.

                           1.    This application is for bringing on record the names of heirs

                           and legal representatives of deceased respondent no. 4. The heirs


                                                       Page no. 1 of 2
                                                   52-ia-6421-2024.doc



and legal representatives are served and are represented through

advocate. Learned counsel appearing for the heirs and legal

representatives on instructions submits that they have no objections

if the application is allowed.

2.    In the facts and circumstances of the case, the application is

allowed in terms of prayer clause (a), (b) and (c).

3.    Amendment to be carried out within four weeks.

4.    Learned counsel for the heirs and legal representatives

waives notice of admission of second appeal.



                                                   (GAURI GODSE, J.)




                                 Page no. 2 of 2

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