Bombay High Court

ANANDRAO KESHAV JAGDALE THR. LRSversusTHE STATE OF MAHARASHTRA, THROUGH ITS PRINCIPAL SECRETARY, TOWN PLANNING AND URBAN DEVELOP AND ORS.

Disposal: Disposed Off

Holding

The Court allowed the interim application to record the legal representatives despite the delay.

Summary

In Writ Petition No. 4510 of 2018, the applicant Anandrao Keshav Jagdale filed Interim Application No. 950 of 2026 seeking to record the legal representatives of deceased Petitioner No. 2. The application was filed after a delay, prompting the respondents to object. The Court heard counsel for both sides, examined the contents of the interim application, and found that a sufficient ground existed to permit the amendment despite the delay. Consequently, the Court allowed the interim application as per prayer clauses (a) and (b). The order further directed that the amendment be effected within two weeks from the date of the order.

Issues considered

Whether an interim application filed after a delay can be allowed to record the legal representatives of a deceased petitioner.

Subjects

interim application
legal representatives
procedural delay
civil appellate jurisdiction
writ petition

Judgment

                                                                     18-IA-950-26.doc


                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIRCUIT BENCH AT KOLHAPUR
                           CIVIL APPELLATE JURISDICTION
                      INTERIM APPLICATION NO. 950 OF 2026
                                         IN
                         WRIT PETITION NO. 4510 OF 2018
        Anandrao Keshav Jagdale                          … Applicant
              V/s.
        The State Of Maharashtra,
        Through Its Principal Secretary
        Town Planning and Urban Development
        and Ors.                                         … Respondents
                                     ___________
        Adv. Pravin Jadhav a/w P. Chavan for the applicant.
        Mr. N.C. Walimbe, AGP a/w Santosh Jadhav, B Panel Counsel, for the
        respondent – State.
                                     ___________

                                          CORAM : RAJESH S. PATIL,
                                                  & ABHAY J. MANTRI, JJ.
                                          DATE        :   24 AUGUST 2026

        P. C. :


        1.        The interim application no. 950 of 2026 has been filed to bring

        on record the Legal Representatives of deceased Petitioner No. 2.

        There is a delay in filing this application.


        2.        Heard counsel for both sides and we have gone through the

        contents of the interim application. We are satisfied that a ground is

        made out to allow this application.


        3.        Interim application stands allowed in terms of prayer clause (a)

        and (b).

Rushi
                                             1 of 2
                                                              18-IA-950-26.doc


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

     today.



          [ABHAY J. MANTRI, J.]                    [RAJESH S. PATIL, J.]




hi
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