The Commissioner, Nashik Municipal Corporation, Nashik v. Kashinath Mahadu Jadhav (Deceased) Thr.Lrs.1.1nd ORS.

TRUPTI SADANAND BAMNE TRUPTI SADANAND BAMNE Date: 2023.10.03 11:06:00 +0530 Trupti 1 26-IA-15691-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 15691 OF 2023 IN FIRST APPEAL NO. 1180 OF 2015 The Commissioner, Nashik Municipal Corporation, Nashik ... Applicant

IN THE MATTER BETWEEN

The Commissioner, Nashik Municipal Corporation, Nashik ... Appellant versus Shri. Kashinath Mahadu Jadhav Since deceased through heir & legal representative 1(A) Mr. Mahindra Kashinath Jadhav & Ors.

... Respondents.

WITH INTERIM APPLICATION NO. 15696 OF 2023 IN FIRST APPEAL NO. 769 OF 2017 WITH CIVIL APPLICATION NO. 699 OF 2016 IN FIRST APPEAL NO. 769 OF 2017 ......

None appears for the Applicant.

Ms. Bhavana Khemani i/b. Mr. Ahuja for Respondent No.1(A). Mr. A.R.Patil, Addl. GP for Respondent No.3-State. ......

CORAM :

NITIN JAMDAR AND MANJUSHA DESHPANDE, JJ.

DATE :

29 SEPTEMBER 2023 P.C. :

The learned Counsel appears on behalf of the proposed Respondent No. 1(A)- Mahindra Jadhav and states that Vakalatnama

Trupti 2 26-IA-15691-2023.doc will be filed within a period of one week from today. 2.

Interim Application No. 15691 of 2023 is taken out for bringing on record the legal heirs of Respondent No.1. As regards the delay in filing the Interim Application is concerned, no reply affidavit is filed.

3.

Perused the Interim Application.

4.

Interim Application is allowed in terms of prayer clauses (a) and (b). Amendment to be carried out within a period of two weeks from today.

5.

As regards Interim Application No. 15696 of 2023 is concerned, reply affidavit is filed on behalf of the Municipal Corporation. The learned Counsel for the Municipal Corporation is not present.

6.

Stand over to 27 October 2023.

(MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)