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Bombay High CourtCAW/1699/2015disposed off

Vidya Vikas Bahuddeshiya Shikshan Prasarak Mandal, Chumb, Through President, Shri. Yuvraj B. Sangal v. The State Of Maharashtra And ORS

2015-08-03Hon'Ble Shri Justice R.M. Savant.2 pages

CAW-1699-15.doc 03.08.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1699 OF 2015 IN WRIT PETITION NO.504 OF 2015 Vidya Vikas Bahuddeshiya Shikshan Prasarak Mandal, Chumb, Taluka Barshi, Solapur .. Applicant

Versus

The State of Maharashtra and others .. Respondents Mr. S. D. Thokade, for the Applicant.

Mr. I. M. Khairdi, for the Respondent No.2.

Mrs. V. S. Nimbalkar, AGP for the Respondent Nos.1 & 4. CORAM : R.M. SAVANT, J.

DATE : 3rd AUGUST, 2015 P.C.

1.

The above Civil Application has been filed seeking amendment to be carried out in the Writ Petition in terms of the schedule to the above Civil Application. The schedule contains paragraphs 1, 2, 3 and 4, in which the amendments sought by the Petitioner are comprised. In so far as paragraph 1 of the schedule is concerned, the said relief cannot be granted as the Head Master is the Respondent No.3 and the application has not been filed by him to transpose him as the Petitioner. In so far as paragraph 2 is concerned, the Petitioner seeks to add paragraph BGP.

CAW-1699-15.doc 03.08.2015 No.(15-A) and (15-B) to the Petition. Since the Petition is at the preadmission stage, the said amendment can be allowed. In so far as the paragraph 3 is concerned, it is as regards the renumbering of the prayer clause. The same can therefore be allowed. In so far as paragraph 4 of the schedule is concerned, it seeks incorporation of a prayer in view of the fact that prayer clause (b) is incomplete. Hence, amendment sought vide paragraph 4 can be allowed. The Civil Application for amendment is allowed to the aforesaid extent. The Respondent No.2 may file his affidavit in reply to the amended Petition within two weeks. The amendment to be carried out within week. Hence, adjourned to 24.08.2015, place the Petition for admission after three weeks. Till the next date, the execution proceeding not be proceeded in the Trial Court. The Civil Application is accordingly disposed of.

[R.M. SAVANT, J] BGP.