Shri. Mohan Pandurang Prabhu v. State Government Of Maharashtra And ORS

CAW-2926-14.doc 08.07.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2926 OF 2014 IN WRIT PETITION NO.3111 OF 2014 Shri. Mohan Pandurang Prabhu .. Applicant/Petitioner

Versus

State Government of Maharashtra and others .. Respondents Ms. Pallavi i/by Mr. A. G. Pandit, for the Applicant/Petitioner. Mrs. V. S. Nimbalkar, AGP for the Respondent Nos.1 to 3. None for the Respondent Nos.4 & 5.

CORAM : R.M. SAVANT, J.

DATE : 08th JULY, 2015 P.C.

1.

The above Civil Application has been filed seeking amendment to the Writ Petition in terms of the schedule annexed to the Writ Petition. By the said amendment, the Petitioner seeks to bring on record the events which have occurred after the filing of the above Petition. The events which have occurred are the order dated 08.03.2013 granting deemed conveyance and the registration of the deemed conveyance on 30.01.2014. The Petitioner therefore seeks to lay a challenge to the said order and the subsequent registration of the said deemed conveyance. None appears for the Respondent Nos.4 and 5 BGP.

CAW-2926-14.doc 08.07.2015 though served. The Petitioner has filed an affidavit of service dated 08.07.2015, which discloses that service is effected on the Respondent No.4 society. The Learned AGP appears for the Respondent Nos.1 to 3. In my view, having regard to the nature of amendment sought and having regard to the fact that the Petition is pending admission, it would be just and proper to allow the Civil Application. The same is accordingly allowed in terms of prayer clause (a). In so far as prayer clause (b) is concerned, the same would be considered at the time of admission of the Petition. The Civil Application is disposed of.

[R.M. SAVANT, J] BGP.