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Bombay High Court

BAPU ANKUSHRAO KALEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal
DISPOSED OFF

Holding

The court allowed the amendment despite delay and disposed of the writ petitions, directing the petitioners to approach the appointed custodian for any further relief.

Summary

The petitioner, Dattatraya Kale, filed a civil application seeking to record the legal heirs of the petitioner in a writ petition pending before the Aurangabad bench of the Bombay High Court. The application was filed after a delay, and the petitioner requested amendment of the pleadings. The court examined the delay and, considering the merits, allowed the amendment for the purposes specified in prayer clauses (b) and (c), directing that it be effected within two weeks. The respondents informed the court that the registration of the society involved had been cancelled and a custodian appointed on 14 May 2025. In view of the cancellation and custodian appointment, the court disposed of both writ petitions, directing the petitioners to file any further appropriate application before the custodian. The custodian was instructed to consider any such application in accordance with law.

Issues considered

  • What is the effect of delay in filing an amendment to bring legal heirs on record?
  • Whether the cancellation of the society's registration and appointment of a custodian warrants disposal of the pending writ petitions?

Subjects

  • amendment
  • legal heirs
  • writ petition
  • society registration cancellation
  • custodian
  • procedural delay
  • High Court

Judgment

2026:BHC-AUG:12553
             Dilwale                                       1            111-ca-3496-26wp-5304-19.odt




                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                             111 CIVIL APPLICATION NO.3496 OF 2026
                                                   IN
                                   WRIT PETITION NO. 5304 OF 2019

                                       Dattatraya s/o Ramrao Kale
                                                 VERSUS
                                   The State Of Maharashtra And Others

                                                WITH
                                    WRIT PETITION NO. 5304 OF 2019
                                    WRIT PETITION NO. 5376 OF 2019

                                                 ...
             Advocate for the Applicant/Petitioner : Mr. Ambhore M. M.
             AGP for Respondents: Mr. B. A. Shinde
             Advocate for Respondents : Mr. Gude Madhav P.
                                                …


                                      CORAM         : SIDDHESHWAR S. THOMBRE, J.
                                      DATE          : 18.03.2026

             PER COURT :
             CIVIL APPLICATION NO.3496 OF 2026
             1.        Heard the learned counsel for the respective parties.

             2.        By this application, the applicant seeks to bring on record the legal

             heirs of the petitioner. There is delay in filing the present application.

             Considering the averments made in the application, the same is allowed

             in terms of prayer clauses (b) and (c). Amendment be carried out within

             a period of two weeks from today.
Dilwale                                         2       111-ca-3496-26wp-5304-19.odt


                       WRIT PETITION NO. 5304 OF 2019

                       WRIT PETITION NO. 5376 OF 2019

2.        After hearing for some time, the learned counsel for the

respondents, Mr. M. P. Gude, submits that the registration of the society

stood cancelled and a Custodian has been appointed on 14th May, 2025.

In view of the above, the present petitions are disposed of.

3.        The petitioners are at liberty to file an appropriate application

before the Custodian. If such application is filed, the Custodian shall

consider and decide the same in accordance with law.

4.        Both the petitions are disposed of.



                                            [ SIDDHESHWAR S. THOMBRE ]
                                                      JUDGE


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