Bombay High Court
SHREE GAJANTLAXMI RAVALNATH DEVASTHAN CHARITABLE TRUST THR ITS MANAGING TRUSTEE AND 5 ORSversusBABURAO MANGESH KAREKAR AND 16 ORS.,
- Disposal
- Allowed
Holding
All three applications for substitution of deceased parties and service on fresh addresses are allowed.
Summary
The High Court of Bombay at Goa considered three miscellaneous civil applications filed in First Appeal No.68 of 2024. The first application sought substitution of deceased respondents (Nos. 8 and 10) with Mr. Rajendra Karekar as the new respondent No. 8A, after death certificates were produced. The second application requested permission to serve fresh addresses on respondents No. 6 and 17(a). The third application aimed to substitute deceased appellants (Nos. 1 and 2) with a notation of their death, noting that the cause of action survived. The Registrar examined the death certificates and the necessity of the amendments, finding no substantive objection. All three applications were allowed, directing the court to record the deaths, substitute the parties, and permit service on the new addresses.
Issues considered
- Whether deceased respondents can be substituted with a new respondent under the Civil Procedure Code.
- Whether fresh addresses can be permitted for service of notice on respondents.
- Whether deceased appellants can be marked as deceased without extinguishing the cause of action.
Subjects
- substitution of deceased
- amendment of parties
- service of notice
- civil procedure
- high court order
Judgment
FA 68 of 2024
FARAD CONTINUATION SHEET
IN THE HIGH COURT OF BOMBAY AT GOA
APPELLATE SIDE
FIRST APPEAL NO.68 OF 2024
WITH
MISC.CIVIL APPLICATION NO.545 OF 2026,
MISC.CIVIL APPLICATION NO.543 OF 2026,
MISC.CIVIL APPLICATION NO.532 OF 2026
FIRST APPEAL NO.68 OF 2024
GAJANTLAXMI RAVALNATH DEV. CHART.
TRUST, THR. ITS MAN. TRUSTEE
NARAYAN JANARDHAN KAREKAR AND 5
ORS. ... PETITIONERS
VS
BABURAO MANGESH KAREKAR AND 16
ORS., ... RESPONDENTS
WITH
MISC.CIVIL APPLICATION NO.545 OF 2026
IN
FIRST APPEAL NO.68 OF 2024
SHREE GAJANTLAXMI RAVALNATH
DEVASTHAN CHARITABLE TRUST THR ITS
MANAGING TRUSTEE AND 5 ORS ... APPLICANTS
VS
BABURAO MANGESH KAREKAR AND 16
ORS., ... RESPONDENTS
WITH
MISC.CIVIL APPLICATION NO.543 OF 2026
IN
FIRST APPEAL NO.68 OF 2024
SHREE GAJANTLAXMI RAVALNATH
DEVASTHAN CHARITABLE TRUST THR
NARAYAN JANARDHAN KAREKAR AND 5 ORS ... APPLICANTS
VS
Page 1 of 4
24th September, 2026
FA 68 of 2024
BABURAO MANGESH KAREKAR (SINCE
DECEASED) AND 16 ORS ... RESPONDENTS
WITH
MISC.CIVIL APPLICATION NO.532 OF 2026
IN
FIRST APPEAL NO.68 OF 2024
SHREE GAJANTLAXMI RAVALNATH
DEVASTHAN CHARITABLE TRUST THR ITS
MANAGING TRUSTEE AND 5 ORS ... APPLICANTS
VS
BABURAO MANGESH KAREKAR AND 16
ORS., ... RESPONDENTS
Advocate present for the Appellants : Advocate B. Kantak, holding for
Advocate K. Desai
REGISTRAR'S ORDER
This matter has been placed on Board for the 6th time. Advocate B.
Kantak is present for the Appellants, holding for Advocate K. Desai. He
submits that steps are taken in the First Appeal by filing 3 MCAs.
MCA/532/2026 in FA/68/2024
This Application is filed for substitution of deceased Respondent Nos. 8
and 10. It is noted that the Respondent Nos. 8 and 10 are expired and their
Death Certificates are placed on record. Both the Respondent Nos. 8 and
10 were impleaded in their official capacity as President and Vice
President respectively.
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24th September, 2026
FA 68 of 2024
By this Application, the Applicant wants to substitute Respondent Nos. 8
& 10 as deceased and incorporate the name of Mr. Rajendra Karekar as
Respondent No. 8A. He also submitted that Mr. Rajendra Karekar is now
holding the post of President.
ORDER
'In view of the above, MCA/532/2026 is allowed. Respondent Nos. 8 and
10 to be shown as deceased. The name of Mr. Rajendra Karekar along
with his address as per paragraph 6 of the Application to be impleaded as
Respondent No. 8A.'
MCA/543/2026 in FA/68/2024
This Application is filed for service on fresh addresses of Respondent No.
6 and 17(a).
ORDER
'MCA/543/2026 is allowed. The Appellant is permitted to serve
Respondent Nos. 6 and 147(a) on fresh Address as mentioned in the
Application.'
MCA/545/2026 in FA/68/2024
This Application is filed for substitution of deceased Appellant Nos. 1 and
2. It is noted that Appellant No. 1 has expired on 21/11/2022 and
Appellant No. 2 has expired on 12/02/2025. Their Death Certificates are
Page 3 of 4
24th September, 2026
FA 68 of 2024
placed on record. The Cause of Action survives as other Appellants are
already on record.
ORDER
'MCA/545/2026 is allowed. The Appellant No. 1 and 2 to be shown as
deceased. The necessary amendment to be carried out accordingly within
2 weeks from the date of this Order.'
Dated: 24th September, 2026 ( Irshad Agha )
(Registrar Judicial)
ADN*
Page 4 of 4
24th September, 2026
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