Prashant Korbhan Gupta v. Kaluram Gangaram Khandve Thr. Lrs. And ORS

38-WP-3830-2026.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3830 OF 2026 Prashant Korbhan Gupta ..Petitioner

Versus

Kaluram Gangaram Khandve Through LRs and Ors

...Respondents

Mr. Abhineet Pange (through VC), i/b Vivek H. Kyadal, for the Petitioner.

Mr. Y.D. Patil, AGP, for the Respondents.

CORAM:

N. J. JAMADAR, J.

DATE :

21st APRIL 2026 ORAL ORDER:

1.

Heard the learned Counsel for the parties.

2.

The challenge in this Petition is to an order dated 16th September 2025, whereby an Application preferred by the Petitioner to delete him from the array of the Defendants, came to be rejected. ARUN RAMCHANDRA SANKPAL 3.

The Petitioner has been impleaded Defendant No. 7B, being one ARUN RAMCHANDRA SANKPAL Date: 2026.04.24 10:46:41 +0530 of the legal representatives of late Korbhan Bhagatram Gupta, Defendant No.7. The learned Counsel for the Petitioner submitted that during his lifetime, late Korbhan Gupta executed a Gift Deed in respect of the subject land in favour of his brother, Defendant No. 7A and, ARS 1/2

38-WP-3830-2026.DOC therefore, the Petitioner ought not to have been impleaded as partyDefendant. 4.

Suffice to note that the Petitioner has been impleaded in the capacity of the legal representative of deceased Defendant No.7. Thus, the prayer for deletion of the Petitioner from the array of Defendants was wholly misconceived. Of course, it is open for the PetitionerDefendant No. 7B to elect not to contest the suit, at his own risk as to costs and consequences.

5.

Petition disposed.

[N. J. JAMADAR, J.] ARS 2/2