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Purnima Mahadev Uparkar v. Smt. Namita Mahadev Uparkar and Anr.

Bombay HC25 Mar 2026IA/15537/2024

Case brief

AI extract

What is this about?

Impleadment of legal heir; substitution of deceased petitioner; amendment of writ petition; interim application allowed and disposed; back wages claim still to be agitated; reinstatement already granted; death of petitioner on 30th January 2024; death certificate Exhibit-A; Municipal Corporation of Greater Mumbai (BMC); Bombay High Court; Writ Petition No. 14508 of 2022; Interim Application No. 15537 of 2024; Judges R. I. Chagla and Advait M. Sethna; advocates Ms. Meena Rupavel and Mr. D. R. Kawale.

What did the court decide?

Permission to amend the Petition so as to bring the Applicant on record in place and stead of the deceased Original Petitioner; amendment to be carried out within two weeks; amended Writ Petition to be served on the Respondents upon the amendment being carried out. ¶28

Purnima Mahadev Uparkar vs Smt. Namita Mahadev Uparkar and Anr. — Bombay HC (2026) — LawSathi Research

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Digitally signed by MULEY MULEYSHUBHAMPRAVINRAO SHUBHAMPRAVINRAODate:2026.01.16 13:56:29 +0530

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1 41-WP-14508-2022.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 14508 OF 2022

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Smt. Namita Mahadev Uparkar Versus Municipal Corporation of Gr. Mumbai Municipal Head Office & Anr.

...Petitioner

...Respondents

WITH

INTERIM APPLICATION NO. 15537 OF 2024

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Ms. Meena Rupavel for the Petitioner. Mr. D. R. Kawale for BMC.

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CORAM : R. I. CHAGLA AND ADVAIT M. SETHNA, JJ.

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DATED : 14TH JANUARY, 2026

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P.C.:-

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By this Interim Application, the Applicant has sought permission to amend the Petition by bringing the Applicant on record in place and stead of the Original Petitioner who expired on 30^th January 2024. A copy of death certificate of the Original Petitioner is annexed at Exhibit-A to the Interim Application.

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The Applicant is mother of the Original Petitioner and a legal heir. The Original Petitioner had filed the present Petition for reinstatement and claiming back wages from the Respondent-corporation. Although reinstatement had been granted by this Court, the issue of back wages still remains to be agitated in the Writ Petition.

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1/2

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Shubham

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2 41-WP-14508-2022.doc

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The Applicant is the only surviving legal heir of the Petitioner and has

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accordingly sought her impleadment in place and stead of the Petitioner.

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We have considered the present Interim Application. In view of the dispute concerning back wages which the Original Petitioner had claimed that she was entitled to, the Applicant being the sole surviving legal heir of the Petitioner is entitled to be brought in place and stead of the Original Petitioner.

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