Balasaheb Kisan Mokate v. The Municipal Corporation F The City Of Pune

12-caw-1971-19.doc Tandle

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1971 OF 2019 IN WRIT PETITION NO. 4571 OF 2004 Mr. Balasaheb Kisan Mokate ... Applicant.

(Org. Resp. No.3) In the matter between :

The Municipal Corporation of the City of Pune ... Petitioner.

Versus

Kisan Tukaram Mokate (Deceased) and Ors.

...Respondent

. . . . . .

Smt. Shirin Rafique for Applicant in CAW/1971/2019. Mr. Vishwanath Patil for petitioner in WP/4571/2004. . . . . . .

CORAM : A. S. GADKARI, J.

DATE : 10th OCTOBER, 2019 P. C. :

1.

This is an application filed by the original respondent No.3 in Writ Petition No. 4571 of 2004 for deleting the name of respondent Nos. 1 and 2 from the array of respondents.

2.

Learned counsel for the applicant/respondent no.3 submitted that, the respondent Nos. 1 and 2 have expired on 29th October 2003 and 08th March 2005 respectively. The legal heirs of respondent Nos. 1 and 2 are already arrayed as respondent Nos. 3 to 6 in the main petition and 1/2

12-caw-1971-19.doc therefore the names of respondent Nos.1 and 2 may be deleted from the array of respondents.

3.

Learned counsel appearing for the original petitioner conceded to the said fact situation.

4.

In view thereof, the original petitioner is directed to delete the names of respondent Nos. 1 and 2 from the array of respondents in the petition.

Necessary amendment be carried out within a period of four weeks from today in the Court record and simultaneously in the copy of the petition served upon the learned Advocate for the respondent Nos. 3 to 6 and learned AGP for respondent Nos.7 and 8. 5.

Application is allowed in the aforesaid terms. (A. S. GADKARI, J.) 2/2