Hanuman Budhaji Sorkhade Self And Poa For 2 To 5 And ORS v. Shri Anant Laxman Khane And ORS

Mayur

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1000 OF 2025 IN WRIT PETITION NO. 2143 OF 2015 Hanuman Budhaji Sorkhade & Ors.

...Applicant

Versus

Shri Anant Laxman Khane & Ors.

...Respondents

----------------- Mr. Ameya Pitale, for Applicant.

----------------- CORAM : ADVAIT M. SETHNA, J.

DATED : 18 DECEMBER 2025 P.C.:- 1.

Heard Mr. Pitale, learned counsel for the Applicant. 2.

This application has been filed for bringing the legal heirs of deceased Respondent No. 2 on record. Respondent No. 2 expired on 9 March 2014. The details of the legal heirs are set out in paragraph 8 of the application. There is a delay in filing the present application for bringing the legal heirs on record.

3.

However, the delay has been explained in the averments made in the application, more particularly in paragraphs 13 to 16. It appears that the delay has occurred on account of miscommunication resulting from a change of Advocates. For these reasons, learned

counsel for the Applicant submits that the litigant should not be made suffer. It is further submitted that if the application for bringing the legal heirs on record is not allowed, grave and serious prejudice would be caused, which would affect the right of the petitioner to contest the proceedings against the said respondent. 4.

In the interest of justice, this Application deserves to be allowed.

5.

However, allowing such application shall be subject to the petitioner paying costing of Rs.15,000/- to be paid to High Court Employees Medical Welfare Fund at Mumbai, on or before 24 December 2025. The details of which are as follows:- Charitable Trust Bank Account Details :

Account Name: The High Court Employees Medical Welfare Fund at Mumbai Account Number : 000120110001337 Bank : Bank of India Branch : Mumbai Main IFSC Code : BKID0000001 6.

Subject to payment of costs, as indicated above, which could also be made earlier, the amendments shall be carried out. 7.

The amended copy of the pleadings shall be served upon the respondents.

8.

Learned counsel for the Applicant submits that Respondent Nos. 4 and 5 have been inadvertently added as party respondents in the present proceedings and that the Applicant is not claiming any

relief against them. He further submits that both the said respondents have expired during the pendency of the proceedings. In light of the statement made by the learned counsel for the Applicant across the Bar and on instructions, the Applicant is permitted to delete Respondent Nos. 4 and 5 from the array of parties to the present proceedings.

9.

The Interim Application is disposed of in the above terms. (Advait M. Sethna, J.)