Maruti Babu Aawad Since Decd. Thr Heirs And Legal Respr. v. Hanumant Babu Aawad

2023:BHC-AS:27781-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 15471 OF 2023 IN WRIT PETITION NO. 7209 OF 2023 Maruti Babu Aawad and Ors.

...Applicants In the Matter between:

Hanumant Babu Aawad

...Petitioner

Versus

State of Maharashtra and Ors.

...Respondents

Mr. Akshay Kandarkar, for Applicant.

Mr. Anuj Tiwari h/f. Mr. Vivek Salunke, for Petitioner. Mr. R. S. Pawar, AGP, for State/Respondent.

CORAM

: B. P. COLABAWALLA & M.M. SATHAYE, JJ.

DATE : SEPTEMBER 20, 2023 P. C.

1.

The above Interim Application is filed by the Applicants seeking a direction to the Petitioner to bring the Applicants as well as the Respondents in the above Interim Application on record, as they are the legal heirs and representatives of the deceased/Respondent No. 3. The original Respondent No. 3 expired on 01.01.2023. Despite this

being brought to the notice to the Petitioner, no application for bringing legal heirs on record was filed and it is for this reason that the Applicants have filed the above Interim Application. 2.

The learned counsel appearing on behalf of the Petitioner fairly stated that the Petitioner has no objection if the above Interim Application is allowed, and if it is allowed, the amendment shall be carried out by the Advocate of the Petitioner, as per Order passed by this Court.

3.

In these circumstances, the above Interim Application is allowed, in terms of prayer Clause (a), which reads thus: "(a) That this Hon'ble Court be pleased to direct the Petitioner to bring the Applicants and Respondent in this Interim Application on record of the Writ Petition being the heirs and legal representatives of deceased Respondent No. 3."

4.

The amendment shall be carried out by the Advocate of the Petitioner within a period of two weeks from today and the amended copy of the Writ Petition shall be served on all the Respondents (including newly added Respondents) within a period of two weeks thereafter. Re-verification is dispensed with.

5.

The Interim Application is accordingly disposed of. No order as to cost.

6.

Place the above Writ Petition on board for 'Admission' on 18.10.2023. Ad-interim relief granted earlier, if any, shall continue till the next date.

7.

Personal Assistant of this Court. All concerned will act on production by [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.]