Bombay High Court

KISAN ALIAS KRUSHNARAO MARUTI RASKAR SINCE DECEASED THR HIS LRS.versus1. SHAKUNTALA BAJIRAO JADHAV AND ANR

Disposal: Allowed

Holding

The Court allowed the interim applications to record the legal heirs, subject to amendment within four weeks.

Summary

The appellant, Kisan alias Krushnarao Maruti Raskar (deceased) represented by his legal heirs, filed Interim Application No. 9379 of 2024 to record the legal heirs of the sole appellant in a second appeal. A similar Interim Application (Stamp) No. 25502 of 2025 was filed to record the legal heirs of respondent No.2B. Both applications were filed after a delay, and the respondents' counsel, Mr. Shubham Bobde, expressed no objection to their allowance. The Court, after noting the lack of objection, allowed both interim applications subject to the prayer clauses (a) to (d). The Court directed that the necessary amendments be effected within four weeks from the date of the order.

Issues considered

Whether an interim application to record legal heirs may be allowed despite delay in filing?

Subjects

interim application
legal heirs
procedure
civil appellate jurisdiction
delay in filing

Judgment

                                                     28-IA-9379-2024 (C).docx


           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CIRCUIT BENCH AT KOLHAPUR
                   CIVIL APPELLATE JURISDICTION


               INTERIM APPLICATION NO. 9379 OF 2024
                                 IN
                  SECOND APPEAL NO. 451 OF 2011
Kisan Alias Krushnarao Maruti Raskar Since
Deceased Thr His Lrs                       … Applicant
             V/s.
1. Shakuntala Bajirao Jadhav And Anr       … Respondents
                                WITH
         INTERIM APPLICATION (STAMP) NO. 25502 OF 2025
                                 IN
                  SECOND APPEAL NO. 451 OF 2011
Kisan Alias Krushnarao Maruti Raskar Since
Deceased Thr Lrs                           … Applicant
             V/s.
Shakuntala Bajorao Jadhav                  … Respondent
                 ________________________
Mr. Sharad T. Bhosale i/b. Mr. Ravindra Pachundkar
(Through VC) Advocate for Appellant.
Mr. Shubam S. Dhoble i/b. D. D. Rananaware, Advocate for
respondents.
                _________________________

                             CORAM       : RAJESH S. PATIL, J.


                             DATED       : SEPTEMBER 17, 2026
P.C.:
               INTERIM APPLICATION NO. 9379 OF 2024
1.      This Interim Application has been filed to bring on record the

legal heirs of the sole appellant. There is some delay in filing this

application.


2.      Mr. Shubham Bobde, holding for Mr. D. D. Rananaware, the



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                                                     28-IA-9379-2024 (C).docx


learned Advocate for the respondent, has no objection if this Interim

Application is allowed.


3.       In view of the statement made by Mr. Shubham Bobde, the

Interim Application stands allowed in terms of prayer clauses (a), (b),

(c) and (d).


4.       Amendment to be carried out within a period of four weeks from

today.


           INTERIM APPLICATION (STAMP) NO. 25502 OF 2025


5.       This Interim Application has been filed to bring on record the

legal heirs of the respondent No.2B. There is some delay in filing this

application.


6.       Mr. Shubham Bobde, holding for Mr. D. D. Rananaware, the

learned Advocate for the respondent, has no objection if this Interim

Application is allowed.


7.       In view of the statement made by Mr. Shubham Bobde, the

Interim Application stands allowed in terms of prayer clauses (a), (b),

(c) and (d).


8.       Amendment to be carried out within a period of four weeks from

today.

                                                (RAJESH S. PATIL, J.)



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