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Bombay High CourtCAW/1948/2014disposed off

Ramdas Dashrath Bhoir And ANR. v. Chief Officer, Sub-Divisional Office, Mumbai Metropolitan Regional Develpment Authority And ORS.

2015-07-02Hon'Ble Justice Revati Mohite Dere,Hon'Ble Shri Justice A.S. Oka2 pages

caw.1948.14.doc SQP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1948 OF 2014 IN WRIT PETITION NO. 6450 OF 2013 WITH WRIT PETITION NO. 6450 OF 2013 Ramdas Dashrath Bhoir & Anr.

...Applicants

Versus

Chief Officer, Sub-Divisional Office, Mumbai Metropolitan Regional Development Authority & Ors.

...Respondents

Mr. D. S. Mhaispurkar for the Applicants/Petitioners Mr. Sushil Inamdar i/b Mr. Anil D. Joshi for the Respondent Nos. 4 & 5 Mrs. M. P. Thakur, A.G.P for the Respondent No.9 CORAM : A. S. OKA & REVATI MOHITE DERE, JJ.

THURSDAY, 2ND JULY, 2015 P.C. :

1.

Affidavit of service of private notice has been filed which encloses a tracking report issued by the India Post. Considering the fact that the application is only for bringing on record legal representatives of the deceased respondent No. 8, private service can be accepted as a good service. There is no reply filed. In view of the averments made in the SQ Pathan 1/2

caw.1948.14.doc application, rule is made absolute in terms of prayer clauses (a) to (c). Amendment to be carried out within a period of three weeks. 2.

Place the petition under the caption of `fresh admission' on 4th August, 2015.

3.

In the main writ petition, we permit amendment for impleading the Planning Authority. Leave to carry out the amendment for adding parties and for adding additional averments is granted. Consequential amendment shall be carried out to the synopsis. Amendment to be carried out within a period of three weeks from today. (REVATI MOHITE DERE, J.) (A. S. OKA, J.) SQ Pathan 2/2