Bombay High Court

RAJARAM VITHAL KALANGUTKAR (DEC) REP BY HIS LRSversusALZIRA FLORA SOUZA DE MELLO THR HER POA AND 4 ORS

Disposal: Allowed

Holding

The legal heirs of the deceased appellant may be brought on record, and the MCA is allowed.

Summary

The appellant Rajaram Vithal Kalangutkar died on 17 November 2025, leaving behind his wife, daughter and son. The legal representatives of the deceased sought to be brought on record in a second appeal (SA/68/2019) through a Miscellaneous Civil Application (MCA) filed on 28 January 2026, within the limitation period. The Registrar considered whether the right to sue survives in the legal heirs of a deceased party. Relying on the principle that a cause of action survives the death of a party and can be pursued by the heirs, the Registrar allowed the MCA. The order directed that the legal heirs be entered as parties and that necessary amendments be made within two weeks.

Issues considered

Does the right to sue survive in the legal heirs of a deceased appellant?
Was the MCA filed within the prescribed limitation period?

Subjects

succession
right to sue
legal heirs
miscellaneous civil application
limitation period
second appeal

Judgment

                                    MCA 490 of 2026



              FARAD CONTINUATION SHEET
         IN THE HIGH COURT OF BOMBAY AT GOA
                    APPELLATE SIDE
             MISC.CIVIL APPLICATION NO.490 OF 2026
                              IN
                 SECOND APPEAL NO.68 OF 2019
RAJARAM VITHAL KALANGUTKAR (DEC)
REP BY HIS LRS                                              ... APPLICANTS

VS

ALZIRA FLORA SOUZA DE MELLO THR HER
POA AND 4 ORS                                               ... RESPONDENTS




                              REGISTRAR'S ORDER


This MCA is placed on Board for Orders. The said MCA was filed to

bring the Legal Representatives of Appellant No. 1.1 on record. None

present for the Applicants.



It is noted that Appellant No. 1.1 expired on 17.11.2025 and is survived

by his wife, daughter and son, as stated in paragraph 3 of the Application.

The Applicant has submitted that the right to sue survives in favour of the

Legal Heirs of the deceased Appellant No. 1.1. The MCA has been filed

on 28.01.2026, within the prescribed period of limitation.



                              ORDER

'The MCA is allowed. The Legal Heirs of the deceased Appellant No. 1.1


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                                     10th September, 2026
                                    MCA 490 of 2026


in SA/68/2019 be brought on record. Necessary amendments shall be

carried out within 2 weeks from the date of this Order.'




Dated: 10th September, 2026                                  ( Irshad Agha )
                                                            (Registrar Judicial)
ADN*




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                                     10th September, 2026

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