Mahadeo Ramchandra Korshetti and vs State of Maharashtra through Principal Secretary,and Anr. — Bombay HC (2025) — LawSathi Research

Mahadeo Ramchandra Korshetti and vs State of Maharashtra through Principal Secretary,and Anr. — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Delay in filing condoned; legal heirs of deceased petitioner nos.1 and 4 allowed to be brought on record; amendment to be carried out within one week with amended copy served on all parties; rights and contentions of respondent nos.4 and 5 (who intend to dispute the Will) kept open; proceedings to be listed for admission on 10 March 2025; no costs.

Issue for consideration

Whether the delay in filing Interim Application No. 13420 of 2024, seeking to bring the legal heirs of deceased petitioner nos.1 and 4 on record, should be condoned.

Court's answer

The delay in filing the interim application is condoned and the legal heirs of deceased petitioner nos.1 and 4 are allowed to be brought on record.

Ratio / Principle

The rights and contentions of the respondents, more particularly respondent nos.4 and 5 who intend to dispute the Will, are kept open despite the legal heirs being brought on record.

Key takeaways

Amendment to bring the legal heirs on record is to be carried out within one week, and the amended copy of the petition is to be served on all parties.ratio¶18
Till the adjourned date of hearing, the respondents are directed to complete the pleadings in the proceedings, with no further extension to be granted.ratio¶22

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Coram: G. S. Kulkarni & Advait M. Sethna, JJ.; 17 February 2025) allows Interim Application No. 13420 of 2024 in Writ Petition No. 11331 of 2022 (Mahadeo Ramchandra Korshetti (Deceased) through Legal Heirs and Ors. v. State of Maharashtra and Ors.), condoning the delay in bringing on record the legal heirs of deceased petitioner nos.1 and 4, who expired on 25 June 2022 and 21 January 2022 during the pendency of the writ petition. The rights and contentions of respondent nos.4 and 5, who intend to dispute the Will, are expressly kept open. Amendment is to be carried out within one week and the amended copy of the petition served on all parties. Respondents are directed to complete pleadings before the adjourned date (admission listed for 10 March 2025, High on Board) with no further extension. No written opposition was filed; no costs imposed.

12-IA-11331-2022.AS.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO.13420 OF 2024 IN

WRIT PETITION NO. 11331 OF 2022

Mahadeo Ramchandra Korshetti (Deceased) Through Legal Heirs and Ors. ...Applicants In the matter between Mahadeo Ramchandra Korshetti and Ors. ...Petitioners Versus State of Maharashtra and Ors. ...Respondents

Mr. Shon Gadgil a/w Shivraj Patne, Advocate for the Applicants/Petitioners. Mr. S.B. Kalel, AGP a/w Mr. Tejas Kapre, AGP for Respondent - State. Mr. Ajit V. Alange, for the Respondent Nos.4 and 5.

CORAM : G. S. KULKARNI & ADVAIT M. SETHNA, JJ.

DATE : 17 FEBRUARY 2025

P.C.:

By this interim application, the applicants have prayed to bring the

legal heirs of the deceased petitioner nos.1 and 4 (now deceased) who have expired on 25 June 2022 and 21 January 2022 respectively during the pendency of this proceedings.

Having perused the averments made in the interim application, we find that the delay in filing such application as also the averments as set out, more particularly in paragraph 2 of the application, are sufficient explanation and justification for us to allow the said application by condoning the delay in bringing the legal heirs of petitioner nos.1 and 4 Pallavi Wargaonkar, PS Page 1 of 2

Page 1 of 2

12-IA-11331-2022.AS.doc

on record. Also there is no written opposition to this application filed by any of the parties.

The interim application is accordingly allowed. The rights and contentions of the respondent more particularly of respondent nos.4 and 5 who intend to dispute the Will are kept open.

Amendment be carried out within one week from today. Amended

copy of the petition be served on all the parties.

Interim application stands disposed of in the aforesaid terms. No costs.

List the proceedings for admission on 10 March 2025 High on Board.

Till the adjourned date of hearing, the respondents are directed to complete the pleadings on the proceedings and there shall not be further extension in that regard.

[ADVAIT M. SETHNA, J.] [G. S. KULKARNI, J.]

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Pallavi Wargaonkar, PS