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Bombay High CourtCAW/1261/2019

Smt. Saroj Sambhaji Kunjir Through Their Poa Shri. Sambhaji R. Kunjir And ORS. v. The State Of Maharashtra And ORS.

2019-08-16Hon'Ble Shri Justice A.S. Gadkari2 pages

ssm 1 7-caw1261.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1261 OF 2019 IN WRIT PETITION NO. 12127 OF 2016 Smt. Saroj Sambhaji Kunjir & Ors.

.....Applicants.

Vs.

The State of Maharashtra & Ors.

.....Respondents.

Mr. S.S. Kanetkar for the Applicant in CAW 1261 of 2019 and for the Petitioners in WP No. 12127 of 2016.

Mr. S.D.Rayrikar, AGP, for the Respondent Nos. 1 to 5-State. Smt. Anusha Amin for the Respondent Nos. 23 to 28. Mr. A.S. Kalekar I/by J. Deo for the Respondent Nos. 6 to 18. CORAM : A. S. GADKARI, J.

DATE : 16th AUGUST, 2019.

P.C.:- Not on board. Taken on board.

This is an Application for bringing legal heirs of Respondent No.15 on record.

It is stated that, the Respondent No.15 expired on 14th February, 2019. The Applicants-Petitioners got knowledge about the said fact on 5th March, 2019 and thereafter, the present Application is filed on 18th April, 2019, which is within the period of limitation. Learned counsel for the Applicants-Petitioners further submitted that, 1/2

ssm 2 7-caw1261.19.doc the legal heirs of Respondent No.15 are necessary parties to the present Petition.

In view thereof, the Application is allowed in terms of prayer clause (a).

The Advocate for the Applicants/Petitioners is hereby directed to effect necessary amendment in the original record, so also in the copies of the Advocates appearing for the respective Respondents within the same stipulated period. Application is allowed in the aforesaid terms. (A.S. GADKARI, J.) 2/2