Rajeshwar Sambhajirao Kamtalwar v. Manmath Baburao Betale Died And Others
2026:BHC-AUG:20307 12 CA No.2094.2025 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2094 OF 2025 IN WP/10344/2019 RAJESHWAR SAMBHAJIRAO KAMTALWAR
VERSUS
MANMATH BABURAO BETALE DIED AND OTHERS *** Advocate for Applicant : Mr. Suraj V. Gundre AGP for Respondents-State : Mr. R. B. Dhaware Advocate for Respondent No. 1 (WP) : Mr. Akshay S. Radikar *** WITH WRIT PETITION NO. 10344 OF 2019 MANMATH BABURAO BETALE
VERSUS
NARAYAN RAMANNA KANDAMWAR AND OTHERS *** CORAM : SIDDHESHWAR S. THOMBRE, J.
Date : 27th April, 2026 PER COURT :- 1.
By this application, the applicant seeks to be impleaded as a petitioner in Writ Petition No. 10344 of 2019, on the grounds that the original petitioner is reported to be deceased. 2.
The learned counsel for applicant submits that as the applicant is the President elected under the Change Report and a reporting trustee alongside the deceased petitioner, he should be permitted to prosecute the present writ petition.
12 CA No.2094.2025 -23.
Per contra, the learned counsel for respondent No. 1 strongly objects to the application, contending that the applicant was not a party to the Change Report proceedings. It is further argued that under By-law No. 14, there is a specific procedure for the appointment of a President which has not been followed. On these grounds, the respondent seeks the rejection of the application.
4.
I have heard the learned counsel for the respective parties and perused Change Inquiry Report No. 1127 of 2010. The said report was filed by the original petitioner, who is now deceased. Since the present applicant was shown as President in the said Change Report, he is, in my view, entitled to prosecute the present petition.
5.
In that view of the matter, the Civil Application is allowed in terms of prayer clause (B). Necessary amendment be carried out within a period of one week.
6.
List the Writ Petition on 04.05.2026.
(SIDDHESHWAR S. THOMBRE, J.) Omkar Joshi