Kanhaiyyalal S/O Sumramalji Kalra and Another vs Pradeep Singh S/O Sundarlal Chouhan and Others — Bombay HC (2026) — LawSathi Research

Kanhaiyyalal S/O Sumramalji Kalra and Another vs Pradeep Singh S/O Sundarlal Chouhan and Others — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Permission granted to delete deceased respondent no.3 at applicants' risk and to furnish corrected address of respondent no.6; office to issue notice returnable on 12.03.2026; private service permitted with conditional costs; trial court directed not to pass final order/judgment in the meantime.

Issue for consideration

Whether the applicants may be permitted to delete the name of non-applicant/respondent no.3, who expired during pendency leaving no legal heirs, from the array of respondents. +1 more

Court's answer

Applicants are permitted to delete the name of non-applicant/respondent no.3 from the array of respondents at their risk, he having expired during pendency with no legal heirs; necessary corrections to be carried out within one week.

Ratio / Principle

Applicants are permitted to furnish the correct address of non-applicant/respondent no.6 on record; necessary corrections to be carried out within one week.

Key takeaways

After carrying out the corrections, office to issue notice to non-applicant/respondent no.6 on the correct address, returnable on 12.03.2026.ratio¶16
Applicants/petitioners are permitted to serve respondent no.6 by private mode in addition to regular mode of service, and must file affidavit of service by the next date, failing which they shall pay costs of Rs.500/- into the Public Welfare Account.ratio¶18
As an interim direction, the trial Court shall not pass final order/judgment in the meantime.

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Anil S. Kilor, J.) disposed of Civil Application (O) No. 136 of 2026 in CAO No. 369 of 2025 in MCA St.No.2912/2025 in Writ Petition No. 6845 of 2018 (d). Respondent no.3 having expired during pendency leaving no legal heirs, the applicants were permitted to delete his name from the array of respondents at their risk, and permitted to furnish the correct address of respondent no.6; office to issue notice on the corrected address returnable on 12.03.2026; private mode of service permitted, with conditional costs of Rs. 500/- to the Public Welfare Account if affidavit of service is not filed. As an interim measure, the trial Court was directed not to pass final order/judgment in the meantime.

1-CAO-136-2026.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH : NAGPUR.

CIVIL APPLICATION (O) NO. 136 OF 2026 IN CIVIL APPLICATION (CAO) No. 369 of 2025 in MCA St.No.2912/2025 in

WRIT PETITION NO. 6845 of 2018 (d)

Kanhaiyyalal S. Kalra and anr.

vs.

Pradeep Singh S. Chouhan and others.

Office Notes, Office Memoranda of Coram, appearances, Court's Orders or directions and Registrar's order

Court's or Judge's Order

Mr. S. N. Bhattad, Advocate for applicants.

CORAM :- ANIL S. KILOR, J. DATE :- 12^th FEBRUARY, 2026.

At the outset Mr. S. N. Bhattad, learned counsel for the applicants seeks permission to furnish the correct address of non-applicant/ respondent no.6. Further, by filing separate application, the applicants seeks deletion of name of the non-applicant/respondent no.3 from the array of respondents.

Considering the reason that during the pendency of the matter, the non-applicant/respondent no.3 expired and there are no legal heirs behind him, the applicants are permitted to delete the name of nonapplicant/respondent no.3 from the array of non-applicants/ respondents at their risk. Necessary corrections be carried out within one week from today.

The application stands disposed of accordingly.

Similarly the applicants are permitted to furnish the correct address of non-applicant/respondent no.6 on record. Necessary corrections be carried out within a period of one week from today.

After carrying out the necessary corrections, office to issue notice to the non-applicant/respondent no.6 on correct address, returnable on 12.03.2026.

1-CAO-136-2026.odt 2

The applicants/petitioners are permitted to serve the nonapplicant/respondent no.6 by private mode in addition to the regular mode of service and file an affidavit of service by next date, failing which the applicants/petitioners shall pay costs of Rs.500/-(Rs. Five hundred) in the ‘Public Welfare Account’ bearing No. 129712010001014, IFSC Code No. UBIN0812978 with Union Bank of India, High Court Branch, Civil Lines, Nagpur.

In the meantime, the trial Court shall not pass final order/judgment.

Andurkar.

Signed by: Jayant S. Andurkar Designation: PA To Honourable Judge Date: 13/02/2026 15:11:39