Bombay High Court

LADKU CHETYA GHARAT SINCE DEC THR LRS AND ORSversusTHE STATE OF MAHARASHTRA THR THE COLLECTOR AND ANR

Decided: 29 August 2026
Disposal: Disposed Off

Holding

The court condoned the delay and allowed the amendment to bring the legal heirs, ordering the petition to be amended within two weeks.

Summary

The applicants filed an interim application in Writ Petition No. 3348 of 2020 seeking to bring the legal heirs of petitioner No.1 after the death of the petitioner, attaching a death certificate. The application was filed after a delay, and the court was urged to condone this delay. Upon hearing oral submissions, the court condoned the delay and allowed the application in accordance with prayer clauses (a) and (b), permitting the inclusion of the legal heirs. The court directed that a consequential amendment to the petition be filed within two weeks and that the amended petition be served on the respondents. The interim application was thereafter disposed of, and the matter was listed for further hearing on 22 September 2026.

Issues considered

Whether the delay in filing the interim application can be condoned
Whether the petition can be amended to include the legal heirs of the deceased petitioner

Subjects

civil procedure
writ petition
condonation of delay
amendment
legal heirs

Judgment

                                                                                       12-ia 6587-26.doc

ARJUN                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MACHHINDRA
KADAM                                     CIVIL APPELLATE JURISDICTION

Digitally signed by                      INTERIM APPLICATION NO. 6587 OF 2026
ARJUN
MACHHINDRA                                               IN
KADAM
Date: 2026.08.29
14:13:37 +0530
                                            WRIT PETITION NO. 3348 OF 2020

                      Ladku Chetya Gharat
                      Since deceased through LRs & Ors.                              … Applicants
                              Versus
                      The State of Maharashtra & Ors.                                ... Respondents

                                                __________________________

                      Mr. Sachin Kulkarni i/b Mr. Sumit Kate for the Applicants.
                      Smt. M. P. Thakur, AGP for the Respondent-State.
                                             __________________________

                                                         CORAM        : M. S. KARNIK AND
                                                                        SANDESH D. PATIL, JJ.
                                                         DATED        : 29th AUGUST, 2026.

                      P. C.:

                      1.       This is an application filed for bringing legal heirs of petitioner No.1.

                      The death certificate is enclosed.         For the reasons mentioned in the

                      application, the delay in filing the application is condoned.

                      2.       For the reasons mentioned in the application as well as in view of

                      oral submissions of learned counsel for the applicants, the application is

                      allowed in terms of prayer clauses (a) and (b).

                      3.       Consequential amendment to be carried out within a period of two

                      weeks from today.         Amended copy of the petition be served on the

                      respondents.


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                                                       12-ia 6587-26.doc

4.     Interim Application is disposed of.

5.     List the petition on 22nd September, 2026.



(SANDESH D. PATIL, J.)                              (M. S. KARNIK, J.)




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