Bombay High Court

APPA RATNAPPA HASURKAR DECS THR LRSversusMARUTI RATNAPPA HASURKAR

Disposal: Allowed

Holding

The interim application is allowed, subject to the applicant paying costs of Rs.5,000 and making the required amendment within two weeks.

Summary

The applicant filed an interim application seeking to record the legal heirs of the deceased respondent. The court noted that the application was filed after a delay. The respondent's counsel raised no substantive objection but requested that costs be imposed on the applicant for the delay. The bench, after considering the consent of the respondent's advocate, allowed the interim application subject to the applicant paying a cost of Rs.5,000 to the High Court Legal Services Committee. The court also directed that the necessary amendment be effected within two weeks of the order.

Issues considered

Whether an interim application filed after a delay can be permitted.
Whether costs may be imposed on the applicant for the delay in filing.

Subjects

interim application
legal heirs
delay
costs
amendment
civil procedure

Judgment

49-IA-954-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO. 954 OF 2026
IN
SECOND APPEAL NO. 224 OF 1997
Appa Ratnappa Hasurkar Decs Thr Lrs …Applicant
Vs
Maruti Ratnappa Hasurkar and ors …Respondents

Mr. Shrishail Sakhare h/f Mr. Jalendra Angthekar, advocate for the
Applicant
Mr. Tejas Dalvi, Advocate for Respondent Nos. 1A to 1C.
Mr. Sagar Mane i/b Mr. Rushikesh D. Jagdale, Ms. Neha Farakate,
advocate for Respondent

CORAM : RAJESH S. PATIL, J.
DATE : 10 SEPTEMBER 2026
P. C. :
1. This Interim Application has been filed to bring on record the
IRESH
MASHAL legal heirs of the deceased Respondent. There is delay in filing this
Digitally signed
by IRESH
MASHAL
Date:
application.
2026.09.11
10:34:53
+0530

2. The learned Advocate appearing for the Respondent has no

objection if the Interim Application is allowed. However, since there

is delay in filing the application, costs be imposed on the Applicant.

3. In view of the consent given by the learned Advocate for the

Respondent, Interim Application stands allowed in terms of prayer

clauses (b), (c), and (d), subject to the Applicant paying a cost of

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Iresh
49-IA-954-2026.doc

₹5,000/- to the High Court Legal Services Committee, Mumbai,

Circuit Bench at Kolhapur within a period of two weeks from today.

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

from today.

(RAJESH S. PATIL, J.)

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Iresh

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