Limba Nee Limbaji Dhulappa Laman (Rathod) Decd Thru Lhrs v. The State Of Maharashtra Through The Secretary, Revenue And Forest Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by SHRADDHA KAMLESH TALEKAR Date:

2023.12.07 17:19:21 +0530 INTERIM APPLICATION NO. 7707 OF 2023 SHRADDHA KAMLESH TALEKAR IN WRIT PETITION NO. 5106 OF 2022 WITH WRIT PETITION NO. 5106 OF 2022

(1) Mr.Limba @ Limbaji Dhulappa Laman (Rathod) since deceased through Legal heirs

1. Smt. Sonabai Limba @ Limbaji Rathod & 3 Ors.

...Applicants In the matter between :

(1) Mr.Limba @ Limbaji Dhulappa Laman (Rathod) since deceased through Legal heirs

1. Smt. Sonabai Limba @ Limbaji Rathod & 3 Ors.

.. Petitioners

Versus

1. The State of Maharashtra Through the Secretary, Revenue & forest Department & 2 ors.

...Respondents

Dr.Ramdas Sabban a/w. Mr.Pravin Sabban, Advocate for Applicants/Petitioners.

Mr.A.I. Patel, Addl.G.P. a/w. Ms.M.S. Bane, AGP for Respondent No.1-State.

Mr.I.M. Khairdi a/w. Mr.Sachin Patil, Advocate for Respondent No.7.

CORAM : B.P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE :

DECEMBER 05, 2023.

P C :

1.

The above Interim Application is filed seeking certain amendments to the Writ Petition.

2.

The above Writ Petition was admitted by this Court vide order dated 18th October 2022. In the said order, liberty was granted to the Petitioners to take inspection of the documents relied upon by the State of Maharashtra and apply for amendment, if warranted. The Petitioners have taken inspection and after that have filed the present application seeking amendments.

3.

In the light of the aforesaid liberty, we are of the opinion that the Interim Application can be allowed in terms of prayer clause (a), which reads thus :

(a) this Hon'ble High Court may be pleased to permit the Petitioners to amend the Writ Petition in terms of the Draft Amendment, annexed hereto as Exhibit-A. 4.

The amendments shall be carried out within a period of two weeks from today and the amended copy of the Petition shall be served upon the Respondents once again within a period of two weeks thereafter. The Respondents are at liberty to file affidavits and/or additional affidavits to

the amended Petition within a period of three weeks from the date of service of the copy of the amended Petition.

5.

The Interim Application is accordingly disposed of. No order as to costs.

6.

Assistant of this Court. All concerned will act on production by fax or [SOMASEKHAR SUNDARESAN, J.] [B.P. COLABAWALLA, J. ]