Baban Budhaji Koli And ORS. v. The State Of Maharashtra Urban Development Dept. And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4173 OF 2021 IN WRIT PETITION NO. 4152 OF 2018 Baban Budhaji Koli and Ors.

...Applicants vs.

The State of Maharashtra Urban Development Dept. and Ors.

...Respondents

ALONGWITH INTERIM APPLICATION NO. 354 OF 2022 IN WRIT PETITION NO. 4152 OF 2018 Smt. Anjali Jagdish Koli and Anr.

...Applicants vs.

The State of Maharashtra Urban Development Dept. and Ors.

...Respondents

ALONGWITH INTERIM APPLICATION NO. 4171 OF 2021 IN WRIT PETITION NO. 4152 OF 2018 Baban Budhaji Koli and Ors.

...Applicants vs.

The State of Maharashtra Urban Development Dept. and Ors.

...Respondents

***** Mr. S. P. Thorat - Advocate for the Applicants/Petitioners. Mr. Rajan S. Pawar - AGP for the Respondent Nos. 1 and 3. Mr. G. S. Hegde a/w Ms. P. M. Bhansali - Advocate for the Respondent -CIDCO.

***** by SEEMA KSHITIJ YELKAR Date:

2022.02.04 12:10:03 +0530 SEEMA KSHITIJ YELKAR 1/4

CORAM :

R. D. DHANUKA AND S. M. MODAK, JJ.

DATE :

03rd FEBRUARY, 2022 (Through Video Conference) P. C. :- Interim Application No. 4171 Of 2021 1.

By this Interim application, the applicants are seeking direction for deletion of Petitioner No. 2 from the cause title of the petition, as he expired on 27/06/2021.

2.

Mr. S. P. Thorat, learned counsel for the Applicants states that the Petitioner Nos. 1, 3 to 5 are the only legal heirs of the Petitioner No. 2. The statement is accepted.

3.

The name of the Petitioner No. 2 shall be deleted in Writ Petition no. 4152 of 2018 within one week from today. Reverification is dispensed with. 4.

The Interim Application No. 4171 of 2021 is disposed of accordingly. No order as to costs.

5.

Amendment shall be carried out within one week. Amendment shall be carried out in the copy of the writ petition served upon the Respondents within one week from the date of carrying out amendment.

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Interim Application No. 354 Of 2022 6.

By this Interim application, the applicant seeking direction for deletion of Petitioner Nos. 9 and 10 from the cause title of the petition as they do not want to pursue the Writ Petition no. 4152 of 2018.

7.

Name of the Petitioner Nos. 9 and 10 shall be deleted in Writ Petition no. 4152 of 2018 within one week from today. Reverification is dispensed with. 8.

The Interim Application No. 354 of 2022 is disposed of accordingly. No order as to costs.

9.

Amendment shall be carried out within one week. The amended copy of the writ petition shall be served by the Petitioners within one week from the date of carrying out amendment. Interim Application No. 4173 of 2021

10. The learned counsel for the CIDCO seeks time to file affidavitin-reply. One week time is granted to file affidavit-in-reply with a copy to be served upon the Petitioners' advocate simultaneously.

11. It is made clear that no further extension of time would be granted.

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12. Place the Interim Application No. 4173 of 2021 alongwith Writ Petition No. 4152 of 2018 high on board on 18/02/2022.

13. Ad-interim relief, if any, granted to continue till the next date. [S. M. MODAK, J.] [R. D. DHANUKA, J.] 4/4