k 1/2 24 wp 11841.15 as.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11841 OF 2015 Dilip Tukaram Kapse & Ors. ....Petitioners V/S Gajarabai Chander Kapse through POA Balu Kapse & Ors. ....Respondents _________ Mr. Sumedh Modak with Mr. Vivek Rane i/b Mr. Ashwinikumar R. Kapadnis for the Petitioners. Mr. Sudhir V. Sadavrate for Respondent Nos.2 to 7. __________ CORAM : SANDEEP V. MARNE, J. DATE : 21 SEPTEMBER 2026. P.C.: 1. The Petition challenges order dated 9 March 2015 passed by 5th Joint Civil Judge Senior Division, Baramati, rejecting the Applications at Exhibits-103 and 105 filed by the Defendants to bring on record legal heirs of Defendant No.1-Tukaram Shankar Kapse, in the counter-claim. 2. I have heard Mr. Modak, the learned counsel appearing for the Petitioners and Mr. Sadavarte, the learned counsel appearing for contesting Respondents. 3. It appears that Defendant No.1-Tukaram Shankar Kapse had filed counter-claim against the Plaintiffs. Defendant No.2 is the son of Defendant No.1. After death of Defendant No.1, Defendant No.2 is katkam Page No. 1 of 2 2026:BHC-AS:38684 k 2/2 24 wp 11841.15 as.doc brought on record in the Suit at the instance of the Plaintiffs. However, there was inadvertence on the part of the Defendants in carrying out similar change in the counter-claim. By Applications at Exhibit-103 and 105 legal heir of Defendant No.1 was sought to be brought on record in the counter-claim. 4. Considering the above situation, in my view, once legal heir of Defendant No.1 is brought on record in the Plaint, there ought to have been no difficulty in permitting legal heir of Defendant No.1 being brought on record in the counter-claim as well. It is another matter that his legal heir is Defendant No.2 and is already a contesting party in the Suit. The Trial Court has erred in rejecting the Applications at Exhibit- 103 and 105. 5. Order dated 9 March 2015 is accordingly set aside. Legal heirs of Defendant No.1 are permitted to be brought on record in the counter- claim. Necessary amendment to be effected within a period of six weeks. Writ Petition is allowed in above terms. There shall be no order as to costs. (SANDEEP V. MARNE, J.) katkam Page No. 2 of 2 Signed by: Sudarshan R. Katkam Designation: PS To Honourable Judge Date: 22/09/2026 16:08:33