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Bombay High CourtCAW/2879/2016allowed

Smt. Shrda Nivas Patil (Decd) Dilip Nivas Patil And ORS v. Shri. Vishnupant Ganpatrao Patil (Decd), Vijaya Ashok Jadhav And ORS

2017-06-05Hon'Ble Shri Justice K.K. Tated2 pages

1 CAW 2879-16=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

CIVIL APPELLATE JURISDICTION.

CIVIL APPLICATION NO. 2879 OF 2016 IN WRIT PETITION NO. 311 OF 2013 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R. S. Khadapkar for the Applicant.

Mr. Sandeep Pathak i/b S.B. Deshmukh for Respondent Nos. 2 and 5.

Mr. Sachin Hande i/b C.G. Patil for Respondent Nos. 14A to 14C.

Mr. S. D. Rayrikar, AGP for the Respondent no.15. CORAM : K. K. TATED, J.

DATED : 05/06/2017 P.C.:

.

Heard learned Counsel for the parties.

This application is for issuing fresh notice to Respondent Nos. 12A Shri. Vishwasrao V. Bagal and deleting the names of Respondent Nos. 11F Sou. Rajkumar S. Nikam, 12B Shri. Kaushik Vishwasrao Bagal, and 12C Sou. Renuka Ken Camerao.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application.

Sneha Chavan 1/2

1 CAW 2879-16=.doc Applicant is permitted to delete the names of some of the Respondents at their costs and consequences.

Hence, the following order:

a) Civil Application is allowed in terms of prayer clauses (a),(b) & (c) which reads thus: "a) fresh and correct address of the Respondent No.12A as mentioned in the cause title of the present Civil Application may please be taken on record of Writ Petition No. 311 of 2013 thereby permitting the Applicants to carry out consequential amendments. b) fresh notice in Writ Petition No.311 of 2013 may please be issued to be Respondent No. 12A on the address mentioned in the cause title of the present Civil Application.

c) the names of the Respondent No.11(F) and Respondent Nos. 12(B) and 12(c) may please be permitted to be deleted from the cause title of the above Writ Petition No.311 of 2013."

b) Office is directed to issue fresh notice to Respondent No.12A in Writ Petition No. 311 of 2013 returnable after 10 weeks.

c) In addition to usual mode of service, the applicant is permitted to serve the Respondent No.12A along with entire proceedings by way of private notice either by RPAD and/or by hand delivery and to file an Affidavit of service to that effect on or before next date.

d) Civil application stands disposed off accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2