Bombay High Court

MAHADEO VITHOBA PAWAR AND ANR.versusVAISHALI VISHWAS PATIL AND ORS.

Disposal: Allowed

Holding

The applications are within limitation and the cause of action survives, therefore the legal heirs of Respondent No. 2 may be brought on record.

Summary

The petitioners, Mahadeo Vithoba Pawar and another, filed interim applications seeking to bring the legal heirs of Respondent No. 2, Vaishali Vishwas Patil, on record in two related writ petitions. The court examined whether the applications were filed within the prescribed limitation period and whether the cause of action could survive against the heirs of the respondent. It held that the applications were indeed within limitation and that the cause of action subsisted against the legal heirs. Consequently, the court allowed the applications in accordance with prayer clause (b), permitting the heirs to be joined. The order was pronounced by Justice Shailesh P. Brahme of the Bombay High Court on 5 October 2026.

Issues considered

Whether the interim applications were filed within the limitation period.
Whether the cause of action survives against the legal heirs of Respondent No. 2.
Whether the legal heirs can be brought on record in the pending writ petitions.

Subjects

limitation
legal heirs
cause of action
interim application
civil procedure
writ petition

Judgment

                  1                           16 and 64-IA-957-2026 (C)

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

     (16) INTERIM APPLICATION (STAMP) NO. 3140 OF 2026
                            IN
               WRIT PETITION NO. 3393 OF 2026

Mahadeo Vithoba Pawar & Anr                       …...Applicant
      Vs.
Vaishali Vishwas Patil & Ors.                     …...Respondent

                             AND
           (64) INTERIM APPLICATION NO. 957 OF 2026
                              IN
                 WRIT PETITION NO. 1371 OF 2026

Mahadeo Vithoba Pawar & Anr.                      …...Applicant
      Vs.
Vaishali Vishwas Patil & Ors.                     …...Respondents

                             …..
Ms. Sejal Hariyan i/b Mr. Padmanabh Pise, Advocate for the
Petitioner.
Mr. Abhang Suryawanshi i/b Mr. Nagesh Chavan, Advocate for the
Respondent Nos.2a to 2c.
                             …..

                  CORAM :       SHAILESH P. BRAHME, J.
                    DATE :      5TH OCTOBER, 2026.

ORDER :


.     The Applicant seeks to bring the legal heirs of Respondent No.

2 on record. The Application is within limitation. The cause of action

survives against the legal heirs of Respondent No. 2. For the reasons
                     2                      16 and 64-IA-957-2026 (C)

stated in the Application, the Applications are allowed in terms of

prayer clause (b).




                              [ SHAILESH P. BRAHME J. ]


Suresh

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