Sanjay Vishwnath Dabhade v. Administrator, Divisional Commissioner And ORS

1 901a) can31-17.doc sas

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.31 OF 2017 IN CONTEMPT PETITION NO.228 OF 2016 Sanjay Vishwanath Dabhade ..Petitioner.

V/s.

Administrator, Divisional Commissioner, Konkan Division, Mumbai & Ors.

..Respondents.

AND M/s.Arihant Realtors, Builders & Developers & Ors.

..Contemnors.

AND Smt. Kalabai Vishwanath Dabhade & Ors.

..Applicants.

Mr.Ram U. Singh for the Applicants.

Mr.S.H. Kankal, AGP for Respondent. No.1.

Mrs.Shilpa Kapil for Respondent No.2.

CORAM : K.K.TATED, J.

DATED : 7 JUNE, 2017 P.C.:- Heard the learned counsel for the parties. This application is preferred by the legal heirs of the sole Petitioner for joining them as party Petitioner in the present contempt petition.

2 901a) can31-17.doc 2.

Learned counsel for the Applicants submits that the sole Petitioner Sanjay Vishwanath Dahade expired on 6 September, 2016. He submits that they filed the present civil application within time. 3.

Considering the submission made by the learned counsel for the Applicants and the averments in the civil application, I am satisfied that the Applicants have made out a case for allowing the application. The civil application is disposed of by following order:- (a) Civil Application is allowed in terms of prayer clause (a) which reads thus:- "That pending the hearing and final disposal of the Contempt Petition this Hon'ble Court be pleased to allow the Applicants No.1-A to 1-F as per schedule appended herewith be brought on record as legal heirs and representatives of the deceased petitioner and the cause title of the Contempt Petition may kindly be amended suitably."

(b) Amendment to be carried out within four weeks from today.

(c) Civil Application is disposed of accordingly. (K.K.TATED, J.)