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Bombay High CourtIA/2107/2023disposed off

Shri. Sambhaji Shivaji Patil And ORS v. The State Of Maharashtra Through Its Revenue And Rehabilitation Dept. And ORS

2023-09-13Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice M. M. Sathaye2 pages

3.1.ia.2107.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2107 OF 2023 IN WRIT PETITION NO.3945 OF 2022 Shri. Sambhaji Shivaji Patil & Ors.

.. Applicants

Versus

The State of Maharashtra & Ors.

.. Respondents Mr.Sukumar Ghanavat, Advocate for the ApplicantOrg.Petitioner. Digitally signed by UTKARSH KAKASAHEB BHALERAO Date:

2023.09.14 10:57:40 +0530 Mr.A.I. Patel, Addl.G.P. a/w M.M. Pabale, AGP for StateRespondent. UTKARSH KAKASAHEB BHALERAO Mr.Nagesh Chavan, Advocate for Respondent Nos.5, 7 & 8.

CORAM

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

DATE : SEPTEMBER 13, 2023 P. C.

1.

The above Interim Application is filed to bring on record the legal heirs of Petitioner No.2 who passed away on 1st February, 2022. The legal heirs of Petitioner No.2 are arrayed as Applicant Nos. 2(a), 2(b) & 2(c) in the above Interim Application. SEPTEMBER 13, 2023 Utkarsh

3.1.ia.2107.2023.doc 2.

Having heard the learned counsel for the parties and for the reasons stated in the Interim Application the same is allowed in terms of prayer clauses (a) & (b) which read thus:- "(a) This Hon'ble Court be pleased to condone the delay of 5 months and 14 days in filing the present Civil Application; (b) This Hon'ble Court be pleased to allow the Petitioner No.2a to 2c to be brought on record as the Legal Heirs of the deceased Petitioner No.2-Shri.-Shri.Vyankoji Shivaji Patil and the Cause Title of the Writ Petition be amended accordingly;" 3.

The amendment shall be carried out within a period of 2 weeks from today and the amended copy of the Petition shall be served on all the Respondents within a period of 2 weeks thereafter. 4.

The Interim Application is accordingly disposed of in the aforesaid terms. However, there shall be no order as to costs. 5.

Personal Assistant of this Court. All concerned will act on production by [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.] SEPTEMBER 13, 2023 Utkarsh