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Bombay High Court

MAHESH SHIVAJI GALANDEversusMR. PANDHARINATH NAVLUJI RODE

Decided
Disposal
Disposed Off

Holding

Liberty to amend the application to include the legal heirs of the deceased was granted.

Summary

The applicant, Mahesh Shivaji Galande, filed an interim application in a civil revision proceeding seeking to amend the original application to include the legal heirs of the deceased, Shivaji Raghunath Galande. The respondent, Pandharinath Navluji Rode, opposed the amendment. The court examined whether procedural liberty could be granted to amend the pleadings at this stage. Relying on established principles of procedural flexibility, the court held that the amendment could be permitted to ensure that all rightful heirs are before the court. Consequently, liberty was granted to the applicant to make the amendment. The matter was scheduled for further hearing on 5th October 2026 alongside a stay application.

Issues considered

  • Whether the applicant may be permitted to amend the application to bring the legal heirs of the deceased on record at the interim stage

Subjects

  • interim application
  • amendment of pleadings
  • legal heirs
  • civil revision
  • procedural law

Judgment

Gitalaxmi                                              21-IA-6930-2026.docx



            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CIVIL APPELLATE JURISDICTION


                INTERIM APPLICATION NO. 6930 OF 2026
                                 IN
             CIVIL REVISION APPLICATION NO. 627 OF 2023

SHRI. MAHESH SHIVAJI GALANDE                          ...APPLICANT

IN THE MATTER BETWEEN :

MR. SHIVAJI RAGHUNATH GALANDE (DECD.
THROUGH LRS.)                        ...APPLICANT

                        Versus

MR. PANDHARINATH NAVLUJI RODE                         ...RESPONDENT

     Mr. Siddharth Mehta, learned counsel for the Applicant.

     Mr. K. R. Maniyar, learned counsel for the Respondent.

                                 CORAM    : ARUN R. PEDNEKER, J.

                                 DATE     : 21st SEPTEMBER, 2026.

Per Court :
1.          Heard learned counsel appearing for the parties.

2.          Liberty is granted to make amendment in the application
for bringing the legal heirs of deceased on record.



                                    Page 1 of 2
                             21st SEPTEMBER, 2026
Gitalaxmi                                                        21-IA-6930-2026.docx



3.          List this matter on 5th October, 2026 along with the stay
application bearing Interim Application No. 6931 of 2026.




                                                        [ ARUN R. PEDNEKER, J. ]

                            Digitally signed
                            by GITALAXMI
                GITALAXMI   KRISHNA
                KRISHNA     KOTAWADEKAR
                KOTAWADEKAR Date:
                            2026.09.21
                            19:55:50 +0530




                                                 Page 2 of 2
                                          21st SEPTEMBER, 2026


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