Bombay High Court

SHRI. RAJENDRA DATTATRAY KADAM (SINCE DECEASED THR. LRs)versusSMT. LILABAI DATTATRAY KADAM (DIED) AND ORS.

Disposal: Disposed Off

Holding

The Court granted leave to delete the deceased respondent and disposed of the appeal based on the parties' consent minutes.

Summary

The appellants, heirs of Rajendra Dattatray Kadam, filed a second appeal against Urmilagouri Dilipsinha Mutekar. The appellants sought leave to delete respondent No.3, Pushpa Dattatray Kadam, on the ground that she had died unmarried, making respondent No.2 her legal heir. The Court granted the leave and ordered the amendment to delete the deceased respondent. Both parties submitted consent minutes confirming that their clients had signed and were present in court. The Court accepted the consent minutes as an undertaking and, on that basis, disposed of the second appeal and all interim applications.

Issues considered

Whether the Court may permit the deletion of a deceased respondent from the pleadings.
Whether consent minutes signed by the parties can be treated as an undertaking leading to disposal of the appeal.

Subjects

amendment
deceased party
consent minutes
civil appeal
party deletion
procedural order

Judgment

                                                          501-sa-67-2016.docx


         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CIRCUIT BENCH AT KOLHAPUR
                 CIVIL APPELLATE JURISDICTION
                 SECOND APPEAL NO.67 OF 2016

Rajendra Dattatray Kadam
Through his legal heirs & ors                      ….Appellants
           Versus
Urmilagouri Dilipsinha Mutekar                     ….Respondents.

                ________________________
P. D. Dalvi a/w. Mr. Tejas V. Shelake, Advocate for the
Appellants.
Mr. N. D. Tiwari & R. S. Rajput, Advocate for
respondent.
Urmilagouri Dilipsinha Mutekar respondent in person present.
               _________________________

                              CORAM         : RAJESH S. PATIL, J.


                              DATED         : SEPTEMBER 17, 2026
P.C.:


1.      Not on board. Upon mentioning, taken on production board.


2.      Mr. Dalvi, on behalf of the appellant, seeks leave to delete

respondent No.3 (Pushpa Dattatray Kadam).


3.      He submits that respondent No.3 has died and that she was

unmarried. Her legal heir would be respondent No.2.


4.      Leave, as prayed for, is granted.




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5.    Amendment to be carried out forthwith.


6.    Both the learned counsel have tendered the consent minutes

of the order dated 17 September 2026.


7.    Both the learned counsel submit that their respective clients

have signed the consent minutes of the order. They identify the

signatures of their respective clients and also identify the presence

of their respective clients in Court.


8.    In view of the same, the consent minutes of the order are

taken on record and marked as “X” for identification purposes.


9.    For ease of reference, the scanned copy of the consent

minutes of the order dated 17 September 2026 is reproduced

hereinbelow:




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10.     All statements made in the consent minutes of the order are

accepted as an undertaking given to this Court. All undertakings

are also accepted.


11.     In view of the same, the Second Appeal stands disposed of in

view of the consent minutes of the order dated 17 September

2026.


12.     In sequel, all Interim Applications also stand disposed of.




                                                 (RAJESH S. PATIL, J.)




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