Bombay High Court
DATTATRAYA RAMRAO KALEversusTHE STATE OF MAHARASHTRA AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The court permitted the amendment within two weeks and disposed of the writ petitions, directing the petitioners to seek relief from the appointed custodian.
Summary
The petitioner, Dattatraya Kale, filed a civil application seeking to record the legal heirs of the petitioner in a writ petition originally filed in 2019. The application was filed after a delay, and the petitioner requested amendment of the pleadings. The respondents informed the court that the registration of the society involved had been cancelled and a custodian was appointed on 14 May 2025. The court considered whether the amendment could be permitted despite the delay and the effect of the society's cancellation on the pending petitions. It allowed the amendment, directing that it be effected within two weeks, and disposed of both writ petitions, directing the petitioners to approach the custodian for any further relief. The decision underscores the court's discretion to permit procedural amendments and its jurisdiction to dismiss petitions when the subject matter is no longer viable.
Issues considered
- Whether an amendment to bring on record the legal heirs can be allowed despite delay in filing.
- Whether the cancellation of the society's registration and appointment of a custodian renders the pending writ petitions moot.
Subjects
- civil procedure
- amendment
- writ petition
- society registration
- custodian
- delay
- High Court
Judgment
2026:BHC-AUG:12554
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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