Bombay High Court
SATYABHAMABAI BABAN SHIRALSHETH SINCE DECEASED THROUGH BHARATI ANAND JADHAVversusHARISHCHANDRA KHANDUJI RAUT DECEASED THRO HIS LEGAL HEIRS
- Decided
- Disposal
- Disposed Off
Holding
The court allowed the deletion of Respondent No.1(a), granted leave to amend the pleadings to reflect Respondent No.2, and ordered service of notice to the legal heirs.
Summary
The appellant Smt. Satyabhamabai Baban Shiralsheth filed several interim applications in a second appeal concerning the deletion and amendment of respondents. The court was asked to delete Respondent No.1(a) and to amend the pleadings to reflect the correct name of Respondent No.2. It also considered the need to bring on record the legal heirs of Respondents 1(b) and 1(c) and to issue notices to them. The judge granted leave to amend the applications, permitted the deletion of Respondent No.1(a), and ordered that notices be served on the proposed legal heirs with a return date of 19 October 2026. All the interim applications were subsequently disposed of after the required amendments and notices were ordered.
Issues considered
- Whether the court may delete a named respondent from the pleadings
- Whether leave can be granted to amend the pleadings to correct the name of a respondent
- Whether the court should issue notices to the legal heirs of deceased respondents
- Whether the delay in filing applications for legal heirs warrants any adverse order
Subjects
- deletion of party
- amendment of pleadings
- legal heirs
- notice issuance
- interim application
Judgment
2026:BHC-AS:36056
Renuka 4-SA-61-1998.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
SECOND APPEAL NO. 61 OF 1998
WITH
INTERIM APPLICATION NO. 6697 OF 2026
WITH
INTERIM APPLICATION NO. 6699 OF 2026
WITH
INTERIM APPLICATION NO. 6698 OF 2026
WITH
SECOND APPEAL NO. 63 OF 1998
WITH
CIVIL APPLICATION NO. 8364 OF 1997
WITH
INTERIM APPLICATION NO. 6702 OF 2026
WITH
INTERIM APPLICATION NO. 6701 OF 2026
WITH
INTERIM APPLICATION NO. 6700 OF 2026
IN
SECOND APPEAL NO. 63 OF 1998
Smt. Satyabhamabai Baban Shiralsheth ...Appellant
V/s.
Harishchandra Khanduji Raut ...Respondent
________________
Mr. Sugandh B. Deshmukh with Mr. Vaibhav Thorave and Mr. Aniket
Kanawade for Appellant.
Page No.1 of 3
1 SEPTEMBER 2026
Renuka 4-SA-61-1998.docx
Ms. Vaishali Vilas Botle i/b Mr. A. R. Gole for Respondent No. 2.
________________
CORAM: SANDEEP V. MARNE, J.
DATED: 1 SEPTEMBER 2026.
P.C.:
Interim Application No. 6699 of 2026:-
1) The Application is filed for deletion of Respondent No. 1(A).
At the risk of the Applicant, Respondent No. 1a is permitted to be
deleted. Amendments to be carried out forthwith.
2) Interim Application is disposed of.
Interim Application No. 6698 of 2026 and Interim Application No. 6697
of 2026:-
3) Leave granted to amend both the Applications by reflecting
the name of Respondent No. 2. Amendment to be carried out forthwith.
4) These Interim Applications are filed for bringing on record
legal heirs of Respondent Nos. 1(b) and 1(c). There is delay in filing both
the Applications.
5) Issue notices to proposed legal heirs of Respondent Nos.
1(b) and 1(c), returnable on 19 October 2026. In addition to Court notice,
Applicants to serve private notices on the proposed legal heirs.
Page No.2 of 3
1 SEPTEMBER 2026
Renuka 4-SA-61-1998.docx
Interim Application No. 6702 of 2026.:-
6) The Application is filed for deletion of Respondent No. 1(a).
At the risk of the Applicant, Respondent No. 1(a) is permitted to be
deleted. Amendments to be carried out forthwith.
7) Interim Application is disposed of.
Interim Application No. 6701 of 2026 and Interim Application No. 6700
of 2026 :-
8) Leave granted to amend both the Applications by reflecting
the name of Respondent No. 2. Amendment to be carried out forthwith.
9) These Interim Applications are filed for bringing on record
legal heirs of Respondent Nos. 1(b) and 1(c). There is delay in filing both
the Applications.
10) Issue notices to proposed legal heirs of Respondent Nos.
1(b) and 1(c), returnable on 19 October 2026. In addition to Court notice,
Applicants to serve private notices on the proposed legal heirs.
[SANDEEP V. MARNE, J.]
Signed by: Renuka S Thakur
Page No.3 of 3
Designation: PA To Honourable Judge 1 SEPTEMBER 2026
Date: 03/09/2026 10:22:53
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