Varkey Abraham Patani And 2 ORS v. Municipal Corporation Of Greater Mumbai And 6 ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION VASANT ANANDRAO IDHOL Date: 2022.09.30 17:50:31 +0530 VASANT ANANDRAO IDHOL INTERIM APPLICATION NO.1762 OF 2022 IN WRIT PETITION (LODGING) NO.6217 OF 2022 WITH WRIT PETITION (LODGING) NO.6217 OF 2022 Varkey A. Patani & Ors.

...Applicants

IN THE MATTER BETWEEN :

Varkey A. Patani & Ors.

...Petitioners

V/s.

Municipal Corporation of Gr. Mumbai & Ors.

...Respondents

Mr.Mayur Khandeparkar with Mr.J.S. Solomon, Ms.Soniya Putta, Mr.Atharva Sawant and Ms.Rohini Hirwane i/b M/s.Solomon & Co. for the Applicants / Petitioners.

Ms.Oorja Dhond i/b Mr.Sunil Sonawane for the Respondent Nos.1 to 4.

Dr.Milind Sathe, Senior Counsel with Ms.Yashree Monde and Mr.Amit Patil i/b M/s.Parinam Law Associates for the Respondent No.5.

Mr.Abhay L. Patki, Addl. Government Pleader for the State - Respondent Nos.6 and 7.

CORAM : R.D. DHANUKA & KAMAL KHATA, JJ.

DATE : 27TH SEPTEMBER, 2022.

P.C. :- 1.

By this Interim Application, the applicants seek leave to 1/3

amend the writ petition as per the draft amendment annexed at Exhibit "C" of the Interim Application. Mr.Khandeparkar, learned counsel for the applicants tenders the draft amendment and seeks amendment to the draft amendment appended at Exhibit "C" to the Interim Application and seeks leave to amend the writ petition in terms of the draft amendment tendered across the bar. 2.

Learned counsel for the applicants seeks to place on record the subsequent events that transpired after filing of this writ petition.

3.

Since the writ petition is not yet admitted, we grant leave to the applicants to amend the writ petition in terms of the draft amendment tendered across the bar and also appended to Interim Application.

4.

The Interim Application is allowed in terms of prayer clause (a) with further leave to carry out amendment in terms of the draft amendment tendered across the bar. The amendment shall be carried out within 48 hours. The amendment shall also be carried out in the record and proceedings as well as in the copies supplied to the respondents. The respondents would be at liberty to file affidavit in reply to the amended portion of the petition within one week from the date of the applicants carrying amendment in their respective copies. 5.

The Interim Application is disposed off in the aforesaid 2/3

terms.

6.

Place the writ petition high on board for admission on 7th October, 2022.

(KAMAL KHATA, J.) (R.D. DHANUKA, J.) 3/3