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Bombay High CourtIA/1957/2021allowed

Kakaso Suresh Masugade And ANR v. The State Of Maharashtra Through Secretary School Education Dept. And ORS

2021-08-23Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice A. K. Menon2 pages

23-ia1957-21 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1957 OF 2021 IN WRIT PETITION NO.4410 OF 2021 Kakaso S. Masugade & Anr.

...Applicants

IN THE MATTER BETWEEN :

Kakaso S. Masugade & Anr.

...Petitioners

V/s.

The State of Maharashtra & Ors.

...Respondents

Mr.Narendra V. Bandiwadekar with Mr.Vinayak Kumbhar i/b Mrs.Ashwini Navjyot Bandiwadekar & Mrs.Neha Narendra Bandiwadekar for the Applicants / Petitioners. Mr.N.C. Walimbe, AGP for the State - Respondent Nos.1 to 4. CORAM : R.D. DHANUKA & A.K. MENON, JJ.

DATE : 23RD AUGUST, 2021.

P.C. :- 1.

The applicants seek amendment in the writ petition in Writ Petition No.4410 of 2021 in terms of Schedule annexed to the interim application. The writ petition has not been admitted. The applicants in the interim application seek to bring subsequent events and additional facts on record.

2.

For the reasons recorded in the interim application, the 1/2

23-ia1957-21 interim application is allowed in terms of prayer clause (a). The amendment to be carried out within one week from today. The amended copy of the writ petition shall be served upon the office of the Government Pleader within one week thereafter. The respondents would be at liberty to file affidavit in reply to the amended writ petition within two week from the date of service of the amended copy of the writ petition. It is made clear that merely because we have permitted the amendment, the respondents have not deemed to have accepted any of the contentions raised in the petition. All the contentions of the parties are kept open. 3.

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

4.

Place the writ petition on board for admission on 4th October, 2021.

(A.K. MENON, J.) (R.D. DHANUKA, J.) 2/2