Kuvar House Co-Op Hsg. Soceity v. The State Of Maharashtra And 3 ORS

46-IA-01-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 01 OF 2020 IN WRIT PETITION NO.517 OF 2019 Kuvar House Co-Op. Hsg. Society ..Applicant.

IN THE MATTER BETWEEN

Kuvar House Co-Op. Hsg. Society ..Petitioner

Versus

The State of Maharashtra & Ors.

..Respondents.

__________ Mr. Sandeep V. Bane, Advocate for Applicant/Petitioner. Ms. Priyanka Bhadrashete, Advocate for Respondent No.3. Mr. Himanshu Takke, AGP for State.

__________ CORAM : K. K. TATED & SARANG V. KOTWAL, JJ.

DATED : 20th JANUARY, 2020.

PC :

1.

Not on board. Taken on board.

2.

Heard the learned counsel for the parties.

3.

By this Interim application, the applicant is seeking permission to bring on record the legal heirs of the Respondent No.4 who died on 09/11/2019. The present application was filed on 15/01/2020 i.e. within time. 4.

Considering the submission made by the learned counsel for the applicant and the averments made in the V.B.Gokhale

46-IA-01-20 application and as the application is filed within time, we are satisfied that the applicant has made out a case for allowing this interim application.

5.

Hence, the following order:

a)The applicant is permitted to bring on record the legal heirs of deceased respondent No.4 in W.P.No.517 of 2019 on or before 07/02/2020, failing which the application shall stand dismissed without referring back to the court.

b)If amendment is carried out within time, the applicant is permitted to serve the added respondents by private notice either by R.P.A.D. and/or by hand delivery along with entire proceeding and to file affidavit of service to that effect on or before 28/02/2020.

c)The Writ Petition No.517 of 2019 to appear on board on 09/03/2020.

d)The Interim Application stands disposed of accordingly.

e)No order as to costs.

(SARANG V. KOTWAL, J.) (K.K.TATED, J.) ----- V.B.Gokhale