Bombay High Court
Suvrna Sunilkumar GaikwadversusMansing Dhondi Gujar Through LRs Kishor Mansing Gujar
- Disposal
- Allowed
Holding
The court condoned the delay and allowed the interim application to bring the legal heirs on record.
Summary
The applicant filed an interim application seeking to bring the legal heirs of deceased appellant No.7 on record in a second appeal. The respondents objected to the filing of this application. The applicant argued that he was unaware of the procedural provisions for adding heirs and requested condonation of the delay. The court, after hearing counsel, was persuaded by the applicant's argument and found that justice required allowing the amendment. Consequently, the court allowed the interim application, condoned the delay, and directed that the amendment be effected within two weeks.
Issues considered
- Whether the delay in filing an application to bring legal heirs on record can be condoned.
- Whether the court may permit amendment of pleadings to include additional parties at the interim stage.
Subjects
- interim application
- legal heirs
- condonation of delay
- amendment of pleadings
- civil procedure
Judgment
66-IA-944-2026-(C).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 944 OF 2026
IN
SECOND APPEAL NO. 414 OF 2016
Suvrna Sunilkumar Gaikwad … Applicant
V/s.
Mansing Dhondi Gujar Through Lrs
Kishor Mansing Gujar … Respondents
Mr. Arjun Mohite i/b Mr. Kirankumar Phakade, advocate for the
Applicant
Ms. Gunjan Shah, advocate for Respondent Nos.1(a) to 1(e)
CORAM : RAJESH S. PATIL, J.
IRESH
MASHAL
DATED : OCTOBER 8, 2026
Digitally signed
by IRESH
MASHAL
P.C.:
Date:
2026.10.08
19:04:31
+0530
1. This Interim Application has been filed to bring on record
legal heirs of deceased Appellant No. 7.
2. Ms. Gunjan Shah, appearing for Respondent Nos.1(a) to 1(e)
has objected to the allowing of this Interim Application.
3. I have heard counsels for the parties and I have gone
through the contents of the Interim Application.
4. It is the case of the Applicant that the Applicant was not
aware about the legal provisions as regards to bringing the legal
heirs on record. Therefore, in the interest of justice, the delay be
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66-IA-944-2026-(C).docx
condoned and the application be allowed.
5. I am convinced with the argument made by the learned
counsel appearing for the Applicant.
6. Interim Application stands allowed in terms of prayer clauses
(a) and (b).
7. Amendment to be carried out within a period of two weeks
from today.
(RAJESH S. PATIL, J.)
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