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Bombay High CourtCAW/1942/2018allowed

Atmaram Ramkrishna Samant v. Shaikh Abubakar Hassan And ORS.

2019-04-09Hon'Ble Shri Justice N. J. Jamadar,Hon'Ble Shri Justice R.M. Borde2 pages

7-ca-1942-2018= wp 2293-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1942 OF 2018 IN WRIT PETITION NO. 2293 OF 2018 Atmaram Krishna Samant .. Applicant In the matter of :

Shaikh Abubakar Hassan .. Petitioner Vs.

The Chief Officer, Sawantwadi Municipal Council & Ors.

.. Respondents Mr.Mahesh V. Rawool for applicant.

Mr.Suhas Deokar a/w. Mr.Atmaram Patade for petitioner. Ms.Priyanka Bhadrashete I/b N.N. Bhadrashete for respondent No.1. Mr.R.S. Pawar, AGP for respondent Nos.3 & 4-State. CORAM : R. M. BORDE & N.J. JAMADAR, JJ.

DATE : 9TH APRIL 2019 P.C.

By this application, the applicant is seeking impleadment as a respondent in the writ petition. The applicant contends that he had 50% share in the property under execution and as such is a necessary party to the proceedings.

Considering the contentions raised by the applicant, the application Shraddha Talekar PS 1/2

7-ca-1942-2018= wp 2293-2018.doc deserves to be allowed and is accordingly allowed in terms of prayer clause (a). The applicant is permitted to be impleaded as respondent No.5 in the writ petition. The petitioner shall carry out the necessary amendment on or before 23rd April 2019.

The civil application accordingly stands disposed of. The learned counsel for added respondent No.5/applicant herein states that his client accepts the award declared by LAO. [ N.J. JAMADAR, J. ] [ R. M. BORDE, J.] Shraddha Talekar PS 2/2