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Bombay High CourtCAW/2755/2016disposed off

Uttareshwar Bhagwan Kamble And ORS. v. Dattatraya Ganpat Khanaj And ORS

2016-10-24Hon'Ble Smt. Justice Anuja Prabhudessai,Hon'Ble Shri Justice Ranjit More.2 pages

13_caw_2755_16 in wp 325_14.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2755 OF 2016 IN WRIT PETITION NO.325 OF 2014 WITH WRIT PETITION NO.325 OF 2014 Uttareshwar Bhagwan Kamble ...Applicant Dattatray Ganpat Khanaj

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

...

Mr. P.P. Kulkarni for the Applicant.

Ms Manjiri S. Parasnis for the Petitioners.

Mrs. R.A. Salunkhe, AGP for Respondent Nos.1 and 3-State. Mr. Akshay Shinde for Respondent No.2.

CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATED : 24th OCTOBER, 2016.

P. C. :

Heard.

2.

The Applicant claims that they are residing in the subject property and since they are protected, they may be allowed to intervene in the petition. The learned counsel for the Petitioner however, disputed this position. The learned counsel for the Megha 1/2

13_caw_2755_16 in wp 325_14.doc Corporation, however, submits that subject area was declared as slum area as long back as in the year 2007.

3.

In view of the above, we allow this application in terms of prayer clause (a). Necessary amendment shall be carried out within a period of one week, so as to implead the Applicant in this application as party Respondent in the above petition. The Petitioner thereafter shall serve the copy of the petition to the newly added Respondent before the next date.

4.

The application stands disposed of. The registry to place the petition on 28.11.2016.

(ANUJA PRABHUDES SAI, J.) (RANJIT MORE, J.) Megha 2/2