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Bombay High CourtCHSW/138/2018disposed off

Tukaram Narayan Anavkar And 2 Others v. Maharashtra Housing And Area Development Authority And 14 ORS. And Aniruddha T. Anavkar (Intervene

2022-06-27Hon'Ble The Chief Justice,Hon'Ble Shri Justice G. S. Kulkarni3 pages

Diksha Rane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION Digitally signed by DIKSHA DINESH RANE Date:

2022.06.29 19:25:02 +0530 DIKSHA DINESH RANE CHAMBER SUMMONS NO. 138 OF 2018 IN WRIT PETITION NO. 1935 OF 2016 Aniruddha Tukaram Anavkar ..Applicant/Intervener

IN THE MATTER BETWEEN

Tukaram Narayan Anavkar & ors.

..Petitioners vs.

Maharashtra Housing and Area Development Authority & ors.

..Respondents ------------ Mr. Mihir Desai, Senior Advocate a/w. Mr. Chetan Mali for for applicant in CHSW/138/2018 and for petitioners in WP/1935/2016.

Mr. Hemant Haryan, AGP for respondent no.2 - State in WP/1935/2016.

Mr. P. g. Lad a/w. Ms. Sayali Apte for respondent no.3 - MHADA.

Mr. Akshay J. Kandarkar i/b. Mr. Rajesh S. Datar for respondent nos. 4 to 9 in in WP/1935/2016.

Mr. Kamlesh Ghumre a/w. Ms. Sonali Jadhav and Mr. Krishna Eppar for respondent no.15 in WP/1935/2016.

Mr. Karl Tamboly a/w. Ms. Alya Khan a/w. Ms. Chandni Dewani i/b. Vashi & Vashi for respondent no.11 in WP/1935/2016.

------------ CORAM : DIPANKAR DATTA, CJ & M. S. KARNIK, J.

DATE : JUNE 27, 2022.

P.C. :

1.

This chamber summons is filed on behalf of the applicant - Aniruddha Tukaram Anavkar. The petitioner no.1 - Tukaram Narayan Anavkar died on February 3, 2018 leaving behind the following legal heirs: - a.

Pallavi Tukaram Anavkar, aged 64, wife.

b.

Aniruddha Tukaram Anavkar, aged 39, son.

c.

Hardik Tukaram Anavkar, aged 34, son.

d.

Prachi Tukaram Anavkar, aged 35, daughter.

The death certificate is enclosed at Exhibit 'A' along with an affidavit-in-support of the chamber summons. The applicant - Aniruddha says that he is the son and one of the legal heirs of deceased Tukaram Narayan Anavkar, and has filed the present chamber summons seeking leave from this Court to represent the interest and rights of the legal heirs mentioned above. In the affidavit, it is also stated by him that all three legal heirs have consented for being represented in the aforesaid petition through the applicant - Aniruddha Tukaram Anavkar.

2.

In view of the solemn statements made in the affidavit-in-support of the chamber summons, the chamber summons deserves to be allowed and is, accordingly, allowed in terms of prayer clause (a).

3.

Consequential amendments in the cause title be carried out within a period of two (2) weeks from today. 4.

The chamber summons is disposed of.

(M. S. KARNIK, J.) (CHIEF JUSTICE)