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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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