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Bombay High CourtCAW/1236/2018allowed

Mrs. Mary Lawrence Rodrigues Through Lrs. v. Sandra D'Souza And ORS.

2018-07-19Hon'Ble Shri Justice R.D. Dhanuka2 pages

12-caw1236-18.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1236 OF 2018 IN WRIT PETITION (STAMP) NO.32521 OF 2017 Mrs.Mary L. Rodrigues, since deceased through Her L.Rs. - L.F. Fernandes ...Applicant

IN THE MATTER BETWEEN :

Sandra D'souza & Ors.

...Petitioners

V/s.

State of Maharashtra & Ors.

...Respondents

Mr.V.P. Sangvikar for the Applicant / Intervenor. Mr.S.D. Rayrikar, A.G.P. for the State - Respondent Nos.1, 2 and 4. Mr.Ravi Gadagkar I/b Mr.Johnson John for the Original Petitioners. CORAM : R.D. DHANUKA, J.

DATE : 19TH JULY, 2018.

P.C. :- 1.

The applicant seeks intervention in this writ petition interalia challenging the order dated 11th September, 2017 passed by the learned Additional Collector (Encroachment & Removal) in Reference No.1447 of 2014-15. The mother of the applicant was admittedly a party to the said proceedings in which the impugned order came to be passed. The applicant however, is not impleaded as a party to the writ petition. I am inclined to allow this civil application of the applicant for 1/2

12-caw1236-18.doc impleadment as the respondent no.5 in the writ petition. 2.

The civil application is made absolute in aforesaid terms. There shall be no order as to costs.

3.

The amendment to be carried out within one week from today and a copy of the amended writ petition shall be served upon the newly added party within one week from the date of carrying out amendment.

4.

Place the writ petition on board for admission on 14th August, 2018. Affidavit in reply, if any, shall be filed within two weeks from the date of service of the amended copy of the writ petition and a copy thereof shall be served upon the original petitioner's advocate simultaneously.

(R.D. DHANUKA, J.) 2/2