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Bombay High CourtIA/2178/2021allowed

Kalidas Somaji Zagade And ANR v. The Collector Of Pune And ORS

2022-02-17Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice S. M. Modak3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by BIPIN DHARMENDER PRITHIANI Date:

2022.02.18 11:41:13 +0530 BIPIN DHARMENDER PRITHIANI INTERIM APPLICATION NO. 2178 OF 2021 IN WRIT PETITION NO. 5392 OF 2013 Kalidas Somaji Zagade and Anr.

... Applicants In the matter between :- Gram Panchayat and Ors.

... Petitioners

Versus

The Collector of Pune and Ors.

... Respondents WITH CIVIL APPLICATION NO. 2709 OF 2016 IN WRIT PETITION NO. 5392 OF 2013 Anjali Lodha and Ors.

... Applicants In the matter between :- Gram Panchayat and Ors.

... Petitioners

Versus

The Collector of Pune and Ors.

... Respondents ****** Mr. A. P. Deshmukh a/w Mr. Digvijay Palande for the Applicants in IA/2178/2021.

Mr. G. S. Godbole a/w Mr. Atharva Dandekar i/by Mr. Akshay Petkar for the Applicants in CAW/2709/2016.

Mr. V. S. Gokhale, 'B' Panel Counsel for the State-Respondents. ****** CORAM: R. D. DHANUKA AND S. M. MODAK, JJ.

DATE : 17th FEBRUARY, 2022

P.C. :- .

By this Interim Application, the applicants have prayed for amendment to the cause title of the writ petition by deleting the names of the petitioner nos. 2 and 3 and by adding names of the applicant nos. 1 and 2 as petitioner nos. 2 and 3 respectively. 2.

The original petitioner nos. 1 and 2 ceased to be members of the Gram Panchayat and are replaced by applicant nos. 1 and 2. Statement made in the Interim Application are accepted. Interim Application is made absolute in terms of prayer clause (a). Amendment to be carried out within one week from today and amendment shall also be carried out in Court records as well as in the copies supplied to the respondents.

3.

Mr. Godbole, learned counsel for the applicant in Civil Application No. 2709 of 2016 states that in view of the amendment permitted by this Court in the order passed in Interim Application No. 2178 of 2021, his client who are applicants in the Civil Application No.2709 of 2016 may be permitted to carry out consequential amendment. Leave to amend is granted to carry out amendment in Civil Application No. 2709 of 2016. Amendment shall be carried out within one week from the date of the amendment to be carried out in the Interim Application No. 2178 of 2021. Amendment shall also be carried out in copies supplied to the other side. Re- verification is dispensed with.

4.

Place the Civil Application No. 2709 of 2016 on board for hearing on 3rd March, 2022.

[S. M. MODAK, J.] [R. D. DHANUKA, J.]