Indubai Namdev Shivakari And ORS. v. State Of Maharashtra And ORS.

28.ia.17222.22.doc H. H. Sawant IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL CIVIL APPELLATE APPELLATE JURISDICTION JURISDICTION INTERIM APPLICATION NO.17222 OF 2022 IN WRIT PETITION NO.6669 OF 2003 Indubai Namdev Shevakari .. Applicant

IN THE MATTER BETWEEN:

Indubai Namdeo Shevakari and Ors.

.. Petitioners

Versus

State of Maharashtra and Ors.

.. Respondents ....................

 Mr. Sandeep Patade i/by. Mr. K. P. Shah for Applicant  Mr. S. D. Rayrikar AGP for Respondent Nos. 1 and 2-State  Mr. Jotiram R. Jadhav for Respondent No.3 ...................

CORAM

: MILIND N. JADHAV, J.

DATE : DECEMBER 21, 2022.

P.C.

:

1.

Heard Mr. Patade, learned Advocate for Applicant. 2.

Mr. Patade, learned Advocate for Applicant submitted that Respondent No.5 expired on 09.04.2019.

3.

The Applicant seeks impleadment of his legal heirs namely Respondent Nos.5 (A) to 5(E1) whose names and details are mentioned in paragraph No.3 of the application as well as the cause title of the application.

4.

There is delay of 2 years and 257 days. However, the Applicant shall get the benefit of the suo-motu orders passed by the Supreme Court in Writ Petition Civil No.3 of 2020, Miscellaneous Application

28.ia.17222.22.doc No. 665 of 2021 and Miscellaneous Civil Application No.21 of 2022 whereby Supreme Court has directed exclusion of period from 15.03.2020 to 28.02.2022 from the period of limitation. In that view of the matter, the delay would be of around 250 days. For the reasons mentioned in the Application, delay stands condoned. 5.

Amendment to be carried out within 2 weeks from today. Amended cause title to be served on the Respondent. 6.

Re-verification is dispensed with.

7.

With the above directions, Interim Application is disposed. [ MILIND N. JADHAV, J. ] Digitally signed by RAVINDRA MOHAN AMBERKAR Date:

2022.12.22 18:06:37 +0530 RAVINDRA MOHAN AMBERKAR