Smt. Kamalabai Shrihari Jagtap @ Sou. Kamalabai Raghunath Suryavanshi and Ors. vs Shri. Amrutsa Rakhmasa Kshatriya — Bombay HC (2026) — LawSathi Research

Smt. Kamalabai Shrihari Jagtap @ Sou. Kamalabai Raghunath Suryavanshi and Ors. vs Shri. Amrutsa Rakhmasa Kshatriya — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application allowed in terms of prayer clauses (a), (b) and (c); petitioners permitted to amend the writ petition to bring the legal representatives of the deceased-respondent on record forthwith; notice to proposed Respondent Nos. 1(a) to 1(e) returnable on 16th June 2026, with liberty to serve Respondent Nos. 1(a), 1(d) and 1(e) by private service upon filing an Affidavit of Service; matter stood over to 16th June 2026.

Issue for consideration

Whether sufficient cause has been shown to excuse the delay in filing the interim application seeking to bring the legal representatives of the deceased-respondent on record. +1 more

Court's answer

Sufficient cause is found for the delay in filing the application to bring the legal representatives of the deceased-Respondent on record.

Ratio / Principle

The Interim Application stands allowed in terms of prayer clauses (a), (b) and (c).

Key takeaways

Petitioners are permitted to amend the writ petition to bring the legal representatives of the deceased-Respondent on record, and the necessary amendment is to be carried out forthwith.ratio¶29
Notice is ordered to the proposed Respondent Nos. 1(a) to 1(e), returnable on 16th June 2026; the petitioners may additionally serve Respondent Nos. 1(a), 1(d) and 1(e) by private service and file an Affidavit of Service; the matter stands over to 16th June 2026.ratio¶30

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction (N. J. Jamadar, J.), order dated 28th April 2026 in Interim Application No. 38812 of 2025 in Writ Petition No. 2711 of 2025 — Kamalabai Shrihari Jagtap Alias Sou Kamalabai and ors. v. Amrutsa Rakhmasa Kshatriya. The respondent having passed away on 1st February 2024, the applicant sought to bring the deceased-Respondent's legal representatives on record. On perusal of the application for condonation of delay, the Court found sufficient cause for the delay and allowed the Interim Application in terms of prayer clauses (a), (b) and (c). The Petitioners were permitted to amend the Writ Petition to implead the proposed legal representatives (Respondent Nos. 1(a) to 1(e)), the amendment to be carried out forthwith. Notice was made returnable on 16th June 2026; counsel waived service for Respondent Nos. 1(b) and 1(c); and the Petitioners obtained liberty to serve Respondent Nos. 1(a), 1(d) and 1(e) by private service and file an Affidavit of Service. An earlier order dated 24th February 2026 had permitted service of Respondent Nos. 1(a), 1(b) and 1(d) through the advocate appearing for the Respondent before the Executing Court. Purely procedural order; no statute or precedent discussed.

7-IA-38812-2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 38812 OF 2025

IN

WRIT PETITION NO. 2711 OF 2025

Kamalabai Shrihari Jagtap Alias Sou Kamalabai ..Applicant Raghunath Suryavanshi In the matter between Kamalabai Shrihari Jagtap Alias Sou Kamalabai ...Petitioners Raghunath Suryavanshi And Ors Versus Amrutsa Rakhmasa Kshatriya …Respondent

Mr. Parag Tilak, for the Applicant. Mr. Rahul Motkari, for Respondent Nos. 1(b) and 1(c).

CORAM: N. J. JAMADAR, J. DATE : 28^th APRIL 2026

P.C.:

ARUN RAMCHANDRA SANKPAL

Digitally signed by ARUN RAMCHANDRA SANKPAL Date: 2026.04.30 11:29:26 +0530

INTERIM APPLICATION NO. 38812 OF 2025:

Heard the learned Counsel for the parties.

This is an Application to bring the legal representatives of

deceased-Respondent who passed away on 1^st February 2024.

The Applicant has filed Affidavit of Service to the effect that

Respondent Nos. 1(c) and 1(e), the proposed legal representatives of deceased Respondent, have been served.

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7-IA-38812-2025.DOC

By an order dated 24^th February 2026, Respondent Nos. 1(a), 1(b) and 1(d) were permitted to be served through the Advocate who appears for the Respondent before the Executing Court.

Mr. Tilak, the learned Counsel, submitted that Respondent Nos.

1(a), 1(b) and 1(d) have been duly served.

Mr. Motkari, the learned Counsel, waives service of notice for Respondent Nos. 1(b) and 1(c) and undertakes to file Vakalatnama on behalf of Respondent Nos. 1(b) and 1(c).

None appears for the rest of the Respondents.

Having perused the Application for condonation of delay in filing this Application, this Court finds that sufficient cause is ascribed for the delay in filing the Application to bring the legal representatives of the deceased-Respondent on record.

The Interim Application stands allowed in terms of prayer clauses (a) and (b) and (c).

WRIT PETITION NO. 2711 OF 2025:

Petitioners are permitted to amend the Petition to bring the legal representatives of deceased-Respondent on record. Necessary amendment be carried out forthwith.

Issue notice to the proposed Respondent Nos. 1(a) to 1(e) returnable on 16^th June 2026.

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7-IA-38812-2025.DOC

Mr. Motkari, the learned Counsel, waives service of notice for Respondent Nos. 1(b) and 1(c).

In addition to notice through Court, the Petitioners are at liberty to serve Respondent Nos. 1(a), 1(d) and 1(e) by private service and file an Affidavit of Service.

Stand over to 16^th June 2026.

[N. J. JAMADAR, J.]

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