Imtiyaz Gulambhai Loriya (Applicant) v. Gulambhai Raje Loriya And 7 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.3433 OF 2021 IN WRIT PETITION NO.2475 OF 2019 Imtiyaz Gulambhai Loriya .. Applicant/Petitioner v/s.

Gulambhai Raje Loriya and Ors.

.. Respondents Mr. Abhinandan Vagyani i/by Mr. Pankaj K. Kandhari, for the Applicant/ petitioner.

Ms. Oorja Dhond i/by Mr. Sunil Sonawane, for the respondent Nos.1 to 3 - MCGM.

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

DATED : 28TH SEPTEMBER, 2022.

P.C. :

1. Learned counsel for the applicant seeks the impleadment of the applicant as petitioner in place of the original petitioner who has expired on 18 th June 2021. There is 93 days delay in filing interim application. Delay is sufficiently explained in paragraph Nos.3 to 5 of the application.

1/2 Digitally signed by SUMEDH NAMDEO SONAWANE Date:

2022.09.30 09:37:20 +0530 SUMEDH NAMDEO SONAWANE 15.ia.3433.21.doc sns

2. Interim application is accordingly made absolute in terms of prayer clause (a). Amendment shall be carried out within one week from today. Amended copy shall be served upon the respondent's advocate simultaneously.

3. Interim application is disposed off. No order as to costs.

4. If affidavit in reply is not filed by any respondents, the same shall be filed on or before 17 th October, 2022. Rejoinder if any, shall be filed within two week thereafter. Petitioner is directed to communicate this order to the respondents who are not present before this Court today for information and compliance.

5. The Municipal Corporation is directed to file affidavit in reply within three weeks from today. Rejoinder if any, shall be filed within two weeks thereafter.

6. Place the matter on board for 'admission' on 21 st November 2022.

(KAMAL KHATA, J.) (R.D.DHANUKA, J.) 2/2 15.ia.3433.21.doc sns