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Bombay High CourtCAW/709/2018disposed off

Mrs. Indubai Gulab Pisal v. Special Land Acquisition Officer And ORS.

2018-04-13Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice B.P. Colabawalla2 pages

14 caw709-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.709 OF 2018 IN WRIT PETITION NO.9174 OF 2017 Indubai Gulab Pisal ... Applicant V/s.

The Special Land Acquisition Officer, Satara and Ors.

... Respondents Mr.Abhijit N. Pange for the Applicant Mr.V.N.Sagare, A.G.P. for the Respondent nos.1, 2 and 4 Mr.Mihir Raut i/b Mr.Nitin P. Deshpande for the Respondent no.3

CORAM:

K.K. TATED & B. P. COLABAWALLA, JJ.

DATED :

APRIL 13, 2018 P.C. :

Heard.

Liberty granted to the Applicant to carry out amendment in Exhibit-B schedule of amendment during the course of the day. By this Application, Applicant is seeking permission to carry out amendment in Writ Petition No.9174 of 2017.

Considering the submissions made by the learned counsel for the Applicant, the averments made in the Application and as the learned Mohite 1/2

14 caw709-18.doc counsel for the Respondent have no objection, we are satisfied that Applicant has made out a case for allowing the present Civil Application. Hence, following order:

A) Civil Application is allowed in terms of prayer clause (a) which reads thus:

"a) This Hon'ble Court be pleased to allow the present Civil Application and permit the Applicant to amend the Writ Petition as per Schedule of Amendment annesed at Exhibit-B." B) Applicant to carry out amendment on or before 15.06.2018 with copy to other side, failing which the Civil Application shall stand dismissed without further reference to the court. C) If amendment is carried out within stipulated time as stated hereinabove, Applicant to serve amended copy of petition on other side thereafter immediately.

D) Liberty granted to the Respondent if they so desire, they can file their Affidavit-in-Reply to amend the Writ Petition within four weeks from the date of service with copy to other side. E) Civil application stands disposed off accordingly. F) No order as to costs.

(B. P. COLABAWALLA, J.) (K.K. TATED, J.) Mohite 2/2