Bombay High Court

SONIBAI BALU BHOIR AND ORSversusSTATE OF MAHARASHTRA AND ORS

Decided: 31 August 2026
Disposal: Allowed

Holding

The court allowed substitution of the deceased respondent and ordered that the respondents return the previously disbursed compensation.

Summary

The petitioners filed Interim Application No. 6753 seeking to substitute the deceased respondent No. 3 with her legal representatives after her death on 23‑06‑2026, and the court allowed this substitution, directing that the amendment be made within a week and notice be issued to respondents No. 3(a)‑3(e) as fresh matters. In Interim Application No. 6754, the petitioners asked the court to direct respondents No. 3(a)‑3(e) to return compensation that had been disbursed to the original respondent before the court’s interim stay on 15‑06‑2026; the court ordered notice to those respondents, also as fresh matters, to address the return of the compensation. Both interim applications were consequently disposed of, with the first being allowed and the second resulting in a notice order.

Issues considered

Whether a deceased respondent in a writ petition must be substituted with her legal representatives.
Whether respondents who received compensation before an interim stay should be directed to return the amount.

Subjects

interim application
substitution of party
compensation
notice
fresh matters
writ petition
stay of disbursement

Judgment

                           varsha                                                          15-ia-6753-2026.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                           CIVIL APPELLATE JURISDICTION
                                       INTERIM APPLICATION NO.6753 OF 2026
                                                      WITH
                                       INTERIM APPLICATION NO.6754 OF 2026
                                                       IN
                                          WRIT PETITION NO.7290 OF 2026

                      Sonibai Balu Bhoir And Ors               ..          Applicants/Petitioners
                      V/S.
                      The State of Maharashtra And Ors ..                      Respondents
                                                    -------------------
                      Mr. Sumedh Modak with Mr. R.M. Gogte, for the applicants.
                      Ms. M.S. Bane, AGP, for the State.
                                                    --------------------
VARSHA
DEEPAK
GAIKWAD                                            CORAM : MANISH PITALE &
Digitally signed by
VARSHA DEEPAK
GAIKWAD
                                                           SHREERAM V. SHIRSAT, JJ.
Date: 2026.08.31
17:49:13 +0530

                                                      DATE : 31st AUGUST 2026.
                      PC:


                      1.       Interim application No. 6753 of 2026 is filed by the applicants
                      (original petitioners) to substitute respondent No.3 with her legal
                      representatives, as the said respondent No. 3 expired on 23.06.2026.
                      In the Writ Petition, this Court had issued on 15.06.2026 and hence it
                      is evident that respondent No. 3 expired after notice was issued in the
                      Writ Petition. A copy of the death certificate is annexed as Exhibit-A to
                      Interim Application No. 6753 of 2026..

                      2.       In that light, the aforesaid application is allowed in terms of
                      prayer clause (a).


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     varsha                                                    15-ia-6753-2026.doc


3.       The amendment shall be carried out within one week from today.
Thereupon, notice shall be issued to respondent No. 3(a) to 3(e),
returnable on 30th September 2026, in the category of 'fresh matters'.

4.       In that light Interim Application No. 6753 of 2026 is disposed of.

INTERIM APPLICATION NO.6754 OF 2026

1.       By Interim Application No. 6754 of 2026, the applicants (original
petitioners) are seeking direction to respondent No. 3(a) to 3(e) to
deposit the amount of compensation disbursed in their favour.

2.       It appears that the compensation amount was disbursed to
original respondent No. 3 before the interim stay of disbursement
granted by this Court by order dated 15.06.2026 passed in the said
Writ Petition. The applicants rely upon an affidavit filed by original
respondent No. 3, wherein she stated that she would bring back the
amount of compensation, in the event any order/interim order is
passed by a Court.

4.       In view of the above, issue notice to respondent Nos. 3(a) to 3(e)
in Interim Application No. 6754 of 2026 also returnable on 30 th
September 2026, in the category of 'fresh matters'.




(SHREERAM V. SHIRSAT, J.)                         (MANISH PITALE, J.)




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