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Bombay High CourtCAW/1727/2018disposed off

Shri. Magan Mahadu Gadage Decd Through Legal Heirs v. The Divisional Commissioner Pune Division And ORS

2018-08-09Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice B.P. Colabawalla2 pages

902.cam.1727.2018.doc dik

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1727 OF 2018 IN WRIT PETITION NO. 13083 OF 2017 Magan Mahadu Gadage (deceased) ...Applicants In the matter between Shankar Mahadu Gadage & Ors.

...Petitioners.

vs The Divisional Commissioner, Pune & Ors....Respondents .....

Mr Ashish Pawar I/b Y.B.Lengare for the Applicant. Mrs Pushpalata N. Diwan AGP for Respondent Nos. 1 to 5. Mr Abhijeet B. Kadam for Respondent Nos.15,16. .....

Digitally signed by Dhanappa Irappa Koshti Date:

2018.08.13 15:10:00 +0530 Dhanappa Irappa Koshti CORAM : K.K.TATED, & B.P.COLABAWALLA, JJ.

AUGUST 09, 2018.

P.C. :

Heard learned counsel for parties.

This application is for bringing the legal heirs on record of deceased Petitioner No.7 Magan Gadge, who died on 30th May, 2018. The present Civil Application is filed on 2nd July, 2018 which is in limitation.

Considering the submissions made by learned counsel for the applicant and the averments made in the Civil Application, we are satisfied that the applicants have made out a case for allowing the Civil Application.

Hence, the following order.

Pg 1 of 2

902.cam.1727.2018.doc (a) The applicants are permitted to bring on record the legal heirs of deceased Petitioner No.7 in Writ Petition No. 13083 of 2017 on or before 31st August, 2018, failing which the Civil Application shall stands dismissed without further reference to the Court; (b) If amendment is carried out within the stipulated period as ordered, the applicants to provide the amended copy of the Writ Petition to the other side immediately;

(c) The Civil Application stands disposed of accordingly; (d) No order as to costs.

(B.P.COLABAWALLA, J.) ( K.K.TATED, J.) Pg 2 of 2