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Bombay High Court

KRISHNA ARJUN MAPARI (DEC) THR. HIS LRS.,versusMAHADEV SITARAM KAKODKAR (DEC) AND 2 ORS.,

Disposal
Allowed

Holding

The MCA is allowed, and the legal heirs of the deceased petitioner are to be brought on record with an amendment to the cause title.

Summary

The petitioner, Krishna Arjun Mapari, filed a Miscellaneous Civil Application (MCA) seeking to have the legal heirs of deceased petitioner No.1(f) placed on the court record. The petitioner had died on 09/07/2026, and the application was supported by a death certificate and an affidavit naming the heirs. The Registrar noted that the application was filed within the prescribed time limit. The issue before the court was whether the legal heirs could be added to the cause title after the petitioner's death. Relying on the documentary evidence and the timeliness of the filing, the Registrar allowed the MCA and ordered that the cause title be amended to reflect the heirs. The order was dated 1st October 2026.

Issues considered

  • Whether a Miscellaneous Civil Application filed after the death of a petitioner can be allowed to bring the legal heirs on record
  • Whether the application was filed within the statutory time limit

Subjects

  • legal heirs
  • amendment of cause title
  • death of petitioner
  • Miscellaneous Civil Application
  • procedural law

Judgment

                                     MCA 477 of 2026



              FARAD CONTINUATION SHEET
         IN THE HIGH COURT OF BOMBAY AT GOA
                    APPELLATE SIDE
              MISC.CIVIL APPLICATION NO.477 OF 2026
                               IN
                  WRIT PETITION NO.110 OF 2018
KRISHNA ARJUN MAPARI (DEC) THR. HIS
LRS.,                                                      ... APPLICANT

VS

MAHADEV SITARAM KAKODKAR (DEC) AND
2 ORS.,                                                    ... RESPONDENTS


Advocate present for the Applicant : Advocate S. Costa Martins, holding
for Advocate Annelise Fernandes

                             REGISTRAR'S ORDER


This matter has been placed on Board for bringing Legal Heirs of

Petitioner 1(f) on record.



Advocate S. Costa Martins is present for the Applicants, holding for

Advocate Annelise Fernandes. She submits that Petitioner No. 1 (f) has

expired. MCA is filed to bring the Legal Heirs of the Petitioner No. 1 (f)

on record. The Application is supported by death certificate. The names

of the Legal Heirs to be brought on record are mentioned in paragraph 3 of

the Application, which is supported by an affidavit.



It is noted that the Petitioner No. 1(f) expired on 09/07/2026 and the

present Application is filed well within the prescribed time limit.

                                         Page 1 of 2
                                       1st October, 2026
                                      MCA 477 of 2026




                          ORDER

'The MCA is allowed. The Legal Heirs of the Respondent No. 1 (f) as

mentioned in the Application to be brought on record. Amendment to be

carried out in the cause title accordingly.'




Dated: 1st October, 2026                                     ( Irshad Agha )
                                                            (Registrar Judicial)
ADN*




                                          Page 2 of 2
                                        1st October, 2026


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