Prashant Korbhan Gupta v. Kaluram Gangaram Khandve Thr. Lrs. and Ors.
Case brief
What is this about?
Writ Petition No. 3830 of 2026, High Court of Judicature at Bombay (Civil Appellate Jurisdiction), N. J. Jamadar J., disposed 21st April 2026. Deletion-from-array-of-Defendants application rejected: Petitioner Prashant Korbhan Gupta, impleaded as Defendant No. 7B as legal representative of deceased Defendant No. 7 (Korbhan Bhagatram Gupta), challenged the 16th September 2025 order rejecting his deletion Application, arguing the deceased had gifted the subject land by Gift Deed to his brother Defendant No. 7A. Court held the prayer wholly misconceived since impleadure was qua legal representative; Petitioner-Defendant No. 7B free to elect not to contest the suit at his own risk as to costs and consequences; Petition disposed.
What did the court decide?
Since the Petitioner has been impleaded in the capacity of the legal representative of deceased Defendant No. 7, the prayer for deletion of the Petitioner from the array of Defendants is wholly misconceived.