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Bombay High CourtIA/3292/2021disposed off

Vilas Vinayak Mhatre v. Eknath Shankar Tamboli

2022-12-22Hon'Ble Shri Justice R. I. Chagla2 pages

2.IA.3292.21 in WP.1143.20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3292 OF 2021 WITH WRIT PETITION NO. 1143 OF 2020 Vilas Vinayak Mhatre ...

Applicant/Petitioner

Versus

Eknath Shankar Tamboli ... Respondent Mr. Chandrakant Chavan for the Applicant/Petitioner. Mr. K.B. Bhambid for the Respondent.

CORAM : R.I. CHAGLA, J.

DATED : 22nd DECEMBER, 2022.

ORDER :

By this Interim Application the Applicant is seeking permission to amend the Writ Petition by impleading legal heirs of the deceased Respondent as Respondent No.1(a) to 1(d) whose particulars have been given in prayer clause (a) of the Interim Application. The Applicant has stated that during the pendency of the Writ Petition, the Respondent had expired on 19.08.2021. The Applicant' s Advocate was informed of the demise of Original Respondent vide e-mail dated 03.10.2021 from the Advocate who was representing the Original Respondent in the Trial Court. The particulars of the legal heirs of the Waghmare 1/2

2.IA.3292.21 in WP.1143.20.doc Original Respondent has also been furnished to the Petitioner by the said e-mail. The e-mail is annexed at Exhibit-A to the Interim Application. The Interim Application has thereafter been taken out on 06.10.2021. Thus, there is no delay in filing of the Interim Application. The learned Advocate for the Respondent has no objection to the relief sought for being granted. Hence, the following order is passed : i) The Applicant is permitted to amend the Writ Petition by impleading the legal heirs of the Original Respondent as Respondent No.1(a) to 1(d) whose particulars have been given in prayer clause (a) of the Interim Application. ii) Amendment shall be carried out by the Applicant within a period of two weeks from the date of this order. Re-verification is dispensed with.

iii) Interim Application is accordingly disposed of. iv) Considering that the amendment has been permitted in the Writ Petition, the Writ Petition shall upon amendment being carried out be listed on 18.01.2023.

v) Earlier ad-interim shall continue till that date. Digitally signed by WAISHALI SUSHIL WAGHMARE Date:

2022.12.23 13:01:19 +0530 WAISHALI SUSHIL WAGHMARE (R.I. CHAGLA, J.) Waghmare 2/2